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(영문) 서울북부지방법원 2018.07.13 2018고단1128
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On November 30, 2015, the Defendant would give the victim B ( South, 46 years of age) at the Gangnam-gu Seoul Seo-dong, Gangnam-gu, Seoul, for the purpose of using the money for one month for lending the money to the Defendant, and adding three additional interest.

“A false representation was made.”

However, the Defendant, at the time, was liable for the loan of KRW 10 million to the business that he operated, approximately KRW 150 million, KRW 150 million, KRW 30 million, and KRW 30,000,00,000, and was willing to use the loan from the damaged party as his personal debt, card use, etc. Therefore, even if borrowing the above amount from the damaged party, the Defendant did not have any intent or ability to pay the loan.

Ultimately, the Defendant, by deceiving the victim as above, received 33 million won from the damaged party to the account in C’s name on the same day as the borrowed money.

2. Embezzlement;

A. On May 22, 2017, the Defendant promised to assist the victim in conducting personnel affairs, financial affairs, etc. in relation to the victim’s business on or around May 22, 2017, and received KRW 3 million from the Defendant’s account (companyF) upon request from the victim of the damage from May 22, 2017, by using the materials purchase cost in relation to the Seoul Eastern Ete Art., which the victim received at around that time.

While the defendant kept the above money for the victim, he used 734,00 won for the purchase cost of the material, and used the remaining 2,266,00 won for the purpose of his telecommunication fee payment, payment of physical card payment, etc.

Accordingly, the defendant embezzled the victim's property.

B. On June 2, 2017, the Defendant promised to take charge of financial affairs in relation to the business of the victimized person as described in Article 2-1(a) of the above Act, and around that time, during the process of managing the said account by delivery of a certified public certificate connected to the account of the victimized person G (IBH) that is operated by the injured person, and an OTP card, the same as Article 2-1(a) of the above Act.

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