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(영문) 수원지방법원 성남지원 2017.03.23 2016고단2934
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

1. Around March 5, 2009, the Defendant, who is the actual representative of the (state)C, concluded that “Around March 5, 2009, the Defendant would make payment by April 30, 2009 to the Defendant for the amount calculated by adding up KRW 1.5 interest to the principal with the amount collected from the customer if the cost is insufficient, as the amount was loaned to KRW 30 million.”

However, the Defendant already borrowed KRW 95 million from the bank, and borrowed KRW 130 million from the bank due to the lack of production costs. Nevertheless, even if the Defendant supplied the key machine and received the payment, it should be paid for all production costs. In order to maintain the business, there was a need for operating expenses of KRW 20 million per month in order to maintain the business, while there was no other property in possession, and there was no other intent or intent to pay the victim’s money at the date of promising the payment.

Ultimately, the Defendant, by deceiving the victim as above, received money from the victim to the national bank account under the name of the C, used by the Defendant for the same day as the borrowed money from the victim.

2. On April 1, 2009, the Defendant, at the place indicated in Paragraph 1, 1, 2009, lent money to the victim, “The Defendant attempted to obtain a new office and expand its business by promising a business selling the scambling machine, thereby selling the scambling machine. It is intended to sell a large number of scambling machines. In addition, it is possible to additionally lend money to the Defendant to pay the profits equivalent to KRW 100,000 per the scambling machine.

“The phrase “ was false.”

However, the defendant had already been supplied to KTX as stated in paragraph 1, and the production cost of the self-employed machine was insufficient to bring out the external fund, and was collected from the customer.

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