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(영문) 서울남부지방법원 2021.02.04 2020고단5401
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal record] On October 30, 2019, the Defendant was sentenced to ten months of imprisonment for a crime of fraud at the Seoul Southern District Court on May 6, 2020, and the judgment became final and conclusive on May 6, 2020. On January 18, 2021, the Defendant was sentenced to eight months of imprisonment for the same crime in the same court and became final and conclusive on January 26, 2021.

[Criminal facts]

1. On October 2018, the Defendant: (a) requested the Defendant to lend money to C (a) operating a company related to the construction of a ship as the representative director of the Group B, which is a trade company; (b) to the effect that “A charter contract was made with the construction of the construction of the United States Armed Forces in Japan; (c) the construction cost of the ship is currently insufficient; and (d) the commission is required to bring 200 million won out of the Hong bean; and (e) in fact, C (a) believed it as a result of the request of the Defendant, at the F office of the F office of the F office of the Co., Ltd., which is operated by the victim E, “A charter contract was made by the Defendant for the construction of the construction of the United States Armed Forces in Japan, Japan, and the construction cost of the ship, which is currently insufficient to bring about KRW 200 million from the Hong bean to the Defendant.” (c) The Defendant is satisfied if the fee is leased to the Defendant.

“.....”

However, in fact, the Defendant did not have the ability to bring KRW 2,00,000 in crowdfunding, and even if he borrowed money from the injured party, he did not have the intent or ability to repay it.

By using C, the Defendant deceivingd the victim as such, and received 100 million won from the victim to the G account in the name of the Dispute Resolution Bank B on October 30, 2018, from the victim and acquired it by deceiving the victim.

2. Around January 30, 2019, the Defendant: (a) made a false statement that “Around January 30, 2019, the Defendant sent a phone call to the victim E at an unspecified place; (b) provided, “The father is going to deliver a balance certificate to the company within his hospital during his/her hospitalization; and (c) borrowed money in trust.”

However, in fact, the defendant has crowdfundinged 2,000 million won.

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