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(영문) 서울동부지방법원 2018.08.17 2018고단742

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Criminal facts

On July 4, 2016, the Defendant stated that “The Defendant would settle the accounts at the end of the month by lending KRW 300,000 to 300,000,000 to be paid as personnel expenses, if he/she loans to the victim E who moved in the said restaurant to guarantee the monthly profits of KRW 6,00,000 per month at the mutually cafeteria of “D” operated by the Defendant in Gwangjin-gu Seoul Special Metropolitan City and the first floor.

However, the fact is that the defendant's father's Do has opened a restaurant with a deposit of 20 million won and opened the restaurant, but it is difficult to pay monthly rent due to extremely low sales in the restaurant because of the lack of profits due to the lack of funeral services at the time, and thus, there was no intention or ability to pay it even if the victim borrows money in the name of the employee's personnel expenses.

As above, the Defendant: (a) by deceiving the victim as above; (b) received 300,000 won from the victim’s father’s bank account (G) in the name of the Defendant’s father; and (c) from that time, by September 2016, the Defendant was delivered KRW 23,616,212 by deceiving the victim over 45 times in total as indicated in the following list of crimes.

- Crime List - The amount obtained by deceiving the method of crime at the end of the month (won) 1 on July 4, 2016, which did not have the intent or ability to repay the D cafeteria operated by the Defendant on July 4, 2016, which was used as personnel expenses of the cafeteria 300,000 by deceiving the Defendant as if he would settle the accounts at the end of the month and received delivery from the end of the month, to August 15, 2016, by deceiving the victim as if he would settle the accounts by using the card first as the card at the end of the month, and allowing the settlement of 58,300 won by the credit card of the victim from that time to the end of the month.

8. By July 8, 2015, with four credit cards (Modern, one, new, and Samsung) in the victim’s name to pay expenses, such as the purchase cost of food materials necessary for the operation of a restaurant over 36 times, 4,592,750, 30 July 8, 2016, 600,000 monthly salary for the I Taekwondo painting in Songpa-gu H operated by the victim.