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(영문) 서울서부지방법원 2019.07.12 2018고단4301
사기
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

An applicant for compensation shall be dismissed.

Reasons

1. The summary of the facts charged is the person who was the representative director of C with the purpose of electricity and communications construction business.

On February 6, 2015, the Defendant made a false statement to the effect that “If a large amount of electrical construction is leased KRW 50 million as expenses are needed for receiving orders for large electrical construction, the Defendant will repay the amount of construction contract after one month,” at the F Office of the Victim B’s Operation D and E in Yeongdeungpo-gu Seoul, Seoul, and that “If the construction contract amount entered after one month, the Defendant would be repaid.”

However, the Defendant, at the time of the due date of the bill issued by the (State)C, did not intend to pay money to prevent the default of the company, but did not intend to use it for expenses to receive large-scale electric construction works, and the liabilities of C at that time exceeded KRW 1.5 billion. On the other hand, the Defendant did not have any intention or ability to pay KRW 50 million to the victim within a month by maintaining the hostile state without any special profits.

Nevertheless, the Defendant, by deceiving the victim as such, received 48.5 million won, excluding the prior interest and 1.5 million won, from the victim to the corporate bank account in the name of the Defendant.

B. On January 6, 2016, at the same place as indicated in paragraph (1) around January 6, 2016, the Defendant made a false statement to the victim B to the effect that “The G implementation project is underway at the port, and Korea has made a lot of investment in the site electrical construction, so we will immediately face the death of 100 million won, if you enter the last place. If 100 million won is lent, she will make a repayment within one month with the first loan of 50 million won.”

However, there was no tinsan implementation project in which the defendant invested, as well as at the time, C's liabilities amount to 1.5 billion won, and approximately KRW 100 million was required for each month's operating funds and interest expenses.

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