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(영문) 대전지방법원 논산지원 2018.05.11 2017고단438

사기

Text

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

Reasons

Punishment of the crime

1. On April 18, 2016, the Defendant was in de facto marital relationship at the D cafeteria run by the Defendant in the city of Seosan on April 18, 2016

Along with the victim F who came to know through E, “12 million won is purchased at the face of liquor, so it is mixed with the bones of sap and sold sap, and then would receive the proceeds therefrom.”

However, in fact, the Defendant received KRW 12 million from the injured party and used some of them for personal purposes, and had no intent to use the above KRW 12 million for the purchase of herb drugs, and even if the sapap is created, it was unclear whether to sell the sap and make profits from the sale thereof. Therefore, even if the Defendant received money from the injured party, he did not have the intent or ability to pay profits from the injured party.

Nevertheless, the Defendant, by deceiving the victim as such, received 12 million won from the victim to the Defendant’s new deposit account on the same day.

2. On April 28, 2016, the Defendant continued to set up a good restaurant with a monthly 700,000 foot to the victim’s KRW 15 million in the Daejeon wood-dong, and KRW 10,000 in the deposit amount.

As above, first of all, 12 million won invested to the effect that the 10,000 won invested in the 10,000 won is to establish a cafeteria store and operate it as a business with the victim after taking over the cafeteria by investing the remaining money in the 10,000 won.

However, in fact, the Defendant used the money invested from the injured party as personal debt repayment, etc., and received 10 million won from the injured party to use the money for personal purposes, such as the payment of rent, etc., in addition, even if he additionally received 10 million won from the injured party, the Defendant paid the premium, deposit, etc. by investing the remaining necessary money, and take over the above restaurant.