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(영문) 의정부지방법원 고양지원 2020.02.04 2019고합244
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for seven years.

Reasons

Punishment of the crime

The Defendant, from May 2013 to October 2018, was a person who was working as the head of the business team in the Gyeyang-gu Seoul Metropolitan Government B “C” in the Goyang-gu Seoul Metropolitan City from May 2013 to October 2018, and was working as the head of the business team for the installation of the security and guard facilities of Goyang-si.

On August 8, 2017, the Defendant, at the “F office of the victim E, a customer of the Defendant’s “C” located in Gyeyang-gu, Seoyang-gu, Dong-gu, such as the Defendant’s early police officer, closed the business with the customer’s failure to pay the user fee. If the unpaid user fee is deposited and adjusted to the head office, the customer may receive the unpaid fee and the customer’s deposit, and if the money to be used for the unpaid amount is lent, the Defendant would return the money added to the principal within 15 days.”

However, even if the company was to resolve the unpaid amount of the outstanding customer, it is impossible to collect the deposited money from the said customer, and the Defendant was willing to use the money to pay the principal and interest accrued from the victim because the company borrowed a large amount of money from other persons to increase its business performance and subscribed for security and security goods ("defensiveness"), and there was no asset different since it had already been entered into the individual rehabilitation procedure. Therefore, even if the money was borrowed from the victim, there was no intention or ability to pay the principal and interest to the victim.

The defendant is in the same month from the victim.

8. The amount of KRW 3,168,00 has been remitted to an enterprise bank account opened in the name of G used by the defendant as the borrowed money;

In addition, the Defendant, from June 2017 to August 2018, as stated in the separate list of crimes, deceiving the victims of a total of 16 members, and borrowed a total of 32,469,173,000 won from them, by means of paying the said method or fire insurance premium on behalf of the victims or receiving fire insurance premium and usage fee in lump sum without the intent and ability to pay the victims C.

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