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(영문) 대전지방법원 홍성지원 2016.11.29 2016고단301

사기등

Text

Defendant

A Imprisonment of one year and six months, Defendant B’s fine of KRW 1,00,000, and Defendant C’s fine of KRW 3,000,00, respectively.

Reasons

Punishment of the crime

1. Defendant A

A. A. On April 28, 2011, the Defendant made a false statement to the victim F, “A” in the “H” clothes store operated by the Defendant in Boan-si, Boan-si, the Defendant would be able to pay the victim with three (3) interest if he/she wishes to repay the principal at any time when he/she wishes to do so.”

However, in fact, the Defendant was thought to use the money borrowed from the victim for the repayment of the existing debts and living expenses, and there was little profits from the clothes operated by the Defendant at the time, and there was no other specific income or property, so there was no intention or ability to repay the money even if the Defendant borrowed money from the victim.

Nevertheless, the defendant deceivings the victim as above and acquired 3 million won in cash from the victim on the same day.

(2) On January 4, 2013, the Defendant stated that, “I” clothes posted by the Defendant’s operation “H” store located in Boan-si, Boan-si, that “I will lend the Defendant with interest of KRW 10 million to the Defendant,” and that, if you wish to do so, the principal will be repaid at any time at the time when you want to do so.”

However, in fact, the Defendant was thought to use the money borrowed from the victim as the Defendant’s repayment of the Defendant’s existing debt, payment of the fraternity, living expenses, etc., and did not own the apartment house in Chungcheongju. At the time, there was little profit in the Defendant’s operation clothes, and there was no other specific income and property, while the Defendant was obliged to pay the fraternity equivalent to KRW 10 million every month, so there was no intention or ability to pay the money even if he borrowed money from the victim.

Nevertheless, the defendant deceivings the victim as above and is under the name of the defendant on the same day from the victim.