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(영문) 서울서부지방법원 2015.08.13 2014고단2100

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant is a person who has operated the frequency of “E” in the D market located in Seodaemun-gu Seoul Metropolitan Government.

1. Around June 3, 2010, the criminal defendant against the victim F made a false statement to the victim “H cafeteria operated by the victim F in Seodaemun-gu Seoul Metropolitan Government, stating that “I wish to operate the side dong and entertainment room and pawning hall, and if I lend money, I will refund the principal to the victim one million won per month without interest.”

However, the defendant had no intention or ability to pay the rent and the electricity fee even if he borrowed money from the victim.

Nevertheless, the Defendant, as such, by deceiving the victim as such, received 2,120,000 won from the victim on the pretext of the loan, i.e., the 2,120,000 won, and 7 million won around August 10, 2010, respectively.

2. On October 201, 201, the criminal defendant against the victim I made a false statement to the victim I as follows: “The victim I would be able to make a loan because there are many people who want to have the right to finance. However, if there is no workplace, I would be able to make a loan of KRW 3 million by making a loan back to the head of the Tong in cash again at the face of cash, thereby creating a basis for the payment of KRW 20 million for a period of three months.”

However, the defendant had no intention or ability to remit the amount to the victim, even if he received a loan from the victim, because the defendant had not operated the rent and electricity fee to the extent that he could be delayed due to the fact that there was no intention or ability to transfer it to the victim.

Nevertheless, the Defendant, by deceiving the victim as such, did not return KRW 1 million out of KRW 3 million received as a loan work loan from the victim on or around January 4, 2012, and acquired it by fraud.

The written indictment is stated that 3 million won has been stolen, but the prosecutor submitted on June 4, 2015.