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(영문) 서울서부지방법원 2018.12.20 2018고단1022

사기등

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Punishment of the crime

1. Fraud;

A. On March 2, 2017, the Defendant committed the crime against the Victim B: (a) around 15:00, the “D key point” operated by the recipient of the Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government “C”; (b) the Victim B tried to create and sell juice by importing juice from another person with money from the Republic of Korea; but (c) the project was not well-grounded, thereby causing more than KRW 100 million.

Because creditors do not change this, they find a lot and have a success. Therefore, they operate a lot of 15 million won by lending it and make a repayment within one month.

The phrase “ makes a false statement.”

However, the facts are that the defendant received a loan as security because he did not meet the operating status of the main points operated by the defendant at the time, and the monthly rent of the above main points is two months in arrears, as well as that he was under pressure on continued repayment of more than KRW 100 million from many creditors, so even if he borrowed money from the injured party, he did not have any intention or ability to pay the money.

As can be seen, the Defendant, by deceiving the victim as such, received KRW 15 million from the injured party on March 22, 2017 as a loan, in cash, from the injured party and received KRW 29.5 million in total on three occasions until April 13, 2017, as indicated in the list of crimes in the attached Table, as well as from April 13, 2017.

B. On March 13, 2017, the Defendant committed a crime against the victim E by calls from the victim E at an insular place on March 13, 2017, and there is insufficient operating funds to change and expand the interior of the store.

In addition, if an investment is made, 1.5 million won per month shall be 1.5 million won, and if the funeral service is well-grounded, 5% of the monthly sales shall be additionally paid as incentives, and on March 15, 2017, at G restaurant located in Mapo-gu, 150 million won shall be invested as of the 21st day of each month during the investment period, together with the victim. < Amended by Presidential Decree No. 27920, Mar. 15, 2017; Presidential Decree No. 28420, Dec. 31, 2017>