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(영문) 창원지방법원 통영지원 2020.01.09 2019고단575
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Around September 2018, the Defendant stated that “A” in the second floor of the building B in the Cheongcheon-si Building B, “B operates E companies in thischeon-si,” and “F companies” in the Cheongcheon-si D, the Defendant would introduce a width at the time of registering a collaborative company, and would make a registration of a company in his/her name.”

However, in fact, the defendant did not think that he would use money from the victim for the cost of living, but did not think that he would make the victim registered as a collaborative company with the money received from the victim, and did not have any intent to register the victim as a collaborative company.

Ultimately, the Defendant, by deceiving the said victim, received KRW 5 million from the victim as the activity fund on October 1, 2018, from the Defendant’s wife G account under the name of the Defendant’s wife G (H) and transferred KRW 15 million to the same account on October 2, 2018, and received KRW 20 million under the same name as of October 17, 2018, and received KRW 20 million from the same account under the same name as of October 19, 2018, and acquired KRW 50 million in total from the said account under the same name as of November 19, 2018.

The defendant asserts to the effect that the defendant did not say that he would make the victim to register the subcontractor as above, and that he did not pay 50 million won when he borrowed 50 million won due to the need of personal living expenses.

However, according to the witness C’s legal statement, it is recognized that the defendant would register the victim as a partner company within 2 to 3 months, while he would be able to repay the victim within 2 to 3 months as the expenses incurred in the registration of the above partner company, and that he would have been faced with considerable financial difficulties at the time when the defendant was divided the above 50 million won into several occasions, and that the above 50 million won was already faced with financial difficulties at the time when he was divided into the above 50 million won.

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