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(영문) 대구지방법원 2020.08.18 2020고단1810
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[Criminal Power] On March 11, 2016, the Defendant was sentenced to three years of suspension of the execution of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Daegu District Court on March 11, 2016, and the judgment became final and conclusive on July

【Criminal Facts】

Around December 1, 1969, the Defendant joined B and served as the vice president from around January 31, 201 to around January 31, 201; and (b) from around 2008 to around 208 to at the low price of the goods in stock to the intermediate wholesaler; (c) however, the Defendant got profits from selling the goods to the intermediate wholesaler; and (d) due to the aggravation of the management situation, the Defendant got insufficient funds by taking advantage of external credit conditions based on the status of vice president.

1. On June 22, 2010, the Defendant made a false statement to the vice president of the fourth floor E of the building in Daegu-gu, Seoul-gu, stating that “The Defendant would pay KRW 100 million to the victim KRW 150 million by adding interest to KRW 50 million by July 15, 2010, when he/she lends KRW 200 million, he/she will pay KRW 150 million by July 25, 2010.”

However, at the time of fact, the Defendant did not have an intent or ability to pay the loan normally within a given period, even if he/she borrowed money from the victim, since the Defendant had an economic difficulty, such as where he/she was liable to pay more than one billion won to the bond company, the beneficiary, etc. and the interest to be paid each month was not paid in KRW 30 million, and there was no circumstance of short-term revenue.

The Defendant received KRW 200 million from the victim as the borrowed money on the same day.

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

2. Fraud - The Defendant of KRW 100 million, at the place described in Paragraph 1 around August 4, 2010, and the victim’s “electronic components supply business”.

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