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(영문) 수원지방법원 2020.09.24 2019고단8491
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. Around July 2017, the Defendant against the victim B, along with C, made a false statement to the victim B at the coffee shop located in Suwon-si D, Suwon-si, stating, “Iskhovastan, currently proceeding with solar energy business, may be punished by a few hundred billion won. If Iskhovastan borrowed operating funds, I will pay in several times after one year.”

However, in fact, the Defendant did not pay the individual debt at all at the time of the above, and the Defendant did not receive the authorization and permission procedure for the business or the long-term power purchase guarantee from the Kazakhstan Government for the business and did not review the business profitability, so it was difficult to find out whether the business is uncertain and whether the business is capable of paying the profit. Therefore, even if the Defendant borrowed the money from the victim, the Defendant did not have the intent or ability to return the profit within one year after the

Around July 12, 2017, the Defendant acquired 100 million won from the victim to the EF bank account (G) of the Defendant.

2. On August 13, 2018, the Defendant made a false statement to the victim H at the coffee shop located in Suwon-si, Suwon-si, Suwon-si, that “Around August 13, 2018, the Defendant would pay the victim H a fee for issuing surety insurance to be used in Taiwan in the course of the business. If the Defendant borrowed KRW 30 million, the Defendant would pay KRW 80 million until the end of August 2018.”

However, in fact, the Defendant was unable to properly carry out the solar solar energy project as prescribed in Paragraph 1 at the time above, and there was no business fund such as failure to repay the borrowed money to B. The Defendant was not directly carrying out the solar solar energy project, and the Defendant was not aware of the possibility of carrying out the solar energy project, whether to attract funds, or whether the invested funds will be returned. Therefore, even if borrowed money from the victim, there was no intention or ability to return KRW 80 million within a month.

The defendant belongs to this.

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