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(영문) 서울중앙지방법원 2015.10.02 2015고단4525
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From July 2013 to February 24, 2015, the Defendant served as the representative director of D located in Gangnam-gu Seoul Metropolitan Government C.

1. Fraud to victims E;

A. On January 1, 2014, the Defendant made a false statement to the victim E at the above D office, stating that “The Defendant would lend KRW 50 million to the victim E, which is in need of money, until February 17, 2015.” The interest is replaced by the class cost of the Plaintiff.

However, in fact, the Defendant had a debt equivalent to KRW 47 million, and the Defendant was unable to pay the employee’s benefits due to the shortage of sales, so even if he borrowed money from the victim, he did not have the intent or ability to pay the same as the promise.

On February 18, 2014, the Defendant, by deceiving the victim as such, received 50 million won from the victim to the foreign exchange bank account under the name of the Defendant and acquired it by defrauded.

B. On May 4, 2014, the Defendant, along with F, made a false statement to the Defendant that “When paying KRW 15 million to the victim, he would make a contribution to the five program to the film or broadcast. This money will be used to contribute son to the film or broadcast.”

However, in fact, the Defendant was in excessive debt and even if he was unable to pay the amount to the victim, he did not have any intent or ability to use his film or broadcast contribution like the promise.

On May 9, 2014, the Defendant, by deceiving the victim, received KRW 15 million from the victim to the foreign exchange bank account in the name of the Defendant, and acquired it by fraud.

2. On May 17, 2014, the Defendant against the victim G made a false statement to the victim G at the D office located in Gangnam-gu Seoul Metropolitan Government, stating that “The Defendant shall lend money to the victim G. By June 7, 2015, he/she will complete payment until June 7, 2015.”

However, the defendant was in an excessive state of debt, and even if he receives money from the victim in the absence of the employee's benefit, the promise is the same.

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