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(영문) 대전지방법원 2020.09.17 2020고단1431
사기
Text

A defendant shall be punished by imprisonment for three years.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

"200 Highest 1431"

1. Fraud against the victim B;

A. On May 2018, the Defendant made a false statement to the victim’s company located in Daejeon Seosung-gu Daejeon World Warman Co., Ltd. stating that “the project for the system air conditioners will be predicted in the future. The business has technical skills and experience in this project. In order to establish air conditioners in the D system, the Defendant has to deposit KRW 200 million on the D side. In order to establish the D system air conditioners, the Defendant made a false statement to the effect that KRW 150 million out of KRW 200 million will be invested. On the other hand, the Defendant would make a joint deposit with money in the same manner.”

However, even if the defendant receives the money from the victim, he did not have the intent or ability to use the money received from the victim as a deposit.

Nevertheless, the Defendant, as above, by deceiving the victim as above, received a total of KRW 150 million, including KRW 50 million on June 14, 2018, and KRW 100 million on June 20, 2018, from the victim as deposit money, and acquired it through the Defendant’s wife E’s financial account (F).

B. The Defendant is above the Defendant around July 19, 2018.

Before September 5, 2018, the victim made a false statement to the effect that “The Plaintiff would pay KRW 23 million with interest KRW 3 million, as the construction cost incurred in air conditioner construction enters into the Cheongju G University prior to the loan of money.” The victim made a false statement to the effect that “The Plaintiff will pay KRW 23 million with interest.”

However, at the time of fact, the Defendant was in excess of his/her obligation, such as using the bonds of KRW 30 million, and even if he/she borrowed money from the victim, he/she had the intent to repay the existing debt with the borrowed money and to pay the unpaid tax and the unpaid fine, and there was no intention or ability to pay the money within the agreed period.

Nevertheless, the defendant deceivings the victim as above, and is therefore affiliated with the victim, agricultural cooperatives in the above E on July 18, 2018.

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