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(영문) 광주지방법원 2020.10.15 2020고단1719
사기
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On August 13, 2019, the Defendant was sentenced to one year of imprisonment for fraud at the Gwangju District Court, and the said judgment became final and conclusive on August 21, 2019.

【Criminal Facts】

1. The Defendant, as the team leader of the Company B, was working as the fund manager, became aware of the victim C’s fund manager.

On April 21, 2015, the Defendant made a false statement in the office of the said stock company located in Gwangju, stating that “When entrusting the investment of the fund to the company, there exists no profit. If the Defendant borrowed the paid-in money, he/she will make an investment with the money and pay the principal after one year, and pay interest at 20% per month. If he/she fails to comply with the promise, he/she will delegate his/her authority to dispose of the D Shares 479, which he/she owns.”

However, in fact, the Defendant did not have any particular property at the time, and was the person who was in bad financial credit standing equivalent to KRW 100 million, and the amount received from the victim was not invested in the fund, but was thought to be appropriated by the repayment of principal and interest, etc. to the existing creditors, so there was no intention or ability to reduce the principal and interest as agreed upon by the victim. Thus, the Defendant had already been provided as security to other companies and had already been provided as loans, so it was difficult to delegate the right of disposal to the victim.

On April 21, 2015, the Defendant, by deceiving the victim as such, received KRW 60 million from the victim to the post office account (E) account in the name of the Defendant at around 15:14, 2015.

Accordingly, the defendant was given property by deceiving the victim.

2. On May 30, 2018, the Defendant, as described in the above paragraph (1) from the victim C, did not pay the principal as agreed upon with respect to KRW 60,00,000,000, which was lent from the victim C, and received demand for repayment of the unpaid interest after March 30, 2017, and the victim “a domestic company was established.”

(b) in advance;

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