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(영문) 서울북부지방법원 2016.05.26 2015고단4218

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of imprisonment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From around 2008 to 2015, the Defendant operated an indoor package, a public water distribution restaurant, a chickens cafeteria, a public office-general restaurant, a C high-rise cafeteria, etc., and was known by the Defendant as a member of a number fraternity such as the victim D.

On September 12, 2009, the Defendant’s trade name in Dobong-gu Seoul, which the Defendant operated by the Defendant on September 12, 2009, entered a victim’s “nick F’s four-day teaching institute expenses” into the victim’s four hundred million won.

A loan of KRW 4 million shall be repaid after one month.

Section 2. The interest will be paid.

The phrase “ makes a false statement.”

However, the Defendant had no intention or ability to repay all of the borrowed money during the period of promise because the monthly rent and management fee of the restaurant operated at the time were deducted from the restaurant deposit due to the enemy of the restaurant, and the loan of approximately KRW 30 million from G to pay the interest equivalent to KRW 80,000 per month.

As such, the Defendant, by deceiving the victim, received 4 million won in cash from the victim for the purpose of borrowing money, and acquired 110,000,000 won in total from the victim on 11 occasions from November 28, 2012, as stated in the list of crimes in attached Form 11, as well as from November 28, 2012.

Summary of Evidence

1. Statement by the defendant in court;

1. Entry of D in the police statement protocol with regard to D, and the statement of D in the police interrogation protocol (two times) of the accused;

1. Particulars of each loan, promissory note, each book, and account statement (the account in the name of the defendant's father or descendant);

1. Application of Acts and subordinate statutes to a report of investigation (reports to repreparation a list of crimes);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Grounds for sentencing under Article 62 (1) of the Criminal Act: Fraudulent crimes; General fraud;

2. The amount of not less than one hundred million won and less than five hundred million won.