사기
A defendant shall be punished by imprisonment for a term of one year and three months.
Costs of lawsuit shall be borne by the defendant.
Punishment of the crime
[Criminal Records] On February 24, 2017, the Defendant was sentenced to a suspended sentence of two years for a special injury at the Seoul Central District Court on August 24, 201, and the judgment became final and conclusive on March 4, 2017.
[Criminal facts]
1. On July 2014, the Defendant against the victim C operates a “D” restaurant to the victim at an influence point located in the Gangnam-gu Seoul Metropolitan Government Open Port around July 2014.
The loan of KRW 18 million necessary for open opening shall be paid within three months.
“A false statement” was made.
However, in fact, the defendant was thought to use the money borrowed from the damaged party as Internet gambling or personal living expenses, etc., and even if he borrowed money from the damaged party due to no certain property or income, he did not have the intention or ability to repay it.
The defendant deceivings the victim as above, and deceivings the victim as the borrowed money on August 5, 2014.
2. On June 10, 2014, the Defendant against the victim E loaned money to the victim before the victim’s company located in the Dongjak-gu Seoul Metropolitan Government F, “D” restaurant operation. The Defendant would have to pay back the money three months thereafter.
“A false statement” was made.
However, in fact, the defendant was thought to use the money borrowed from the damaged party as Internet gambling or personal living expenses, etc., and even if he borrowed money from the damaged party due to no certain property or income, he did not have the intention or ability to repay it.
As above, the Defendant: (a) deceiving the victim as above; (b) by deceiving the victim; (c) obtained KRW 2 million from the bank account in G name on the same day; (d) KRW 1,348,00 from the above account on June 11, 2014; and (e) received KRW 5,997,000 from the national bank account in the name of the Defendant on June 13, 2014; and (e) acquired KRW 21,487,00 in total by defraudation.
3. On September 1, 2014, the criminal defendant against the victim H was “D” restaurant located in Gangnam-gu Seoul Metropolitan Government I, and the victim “right to run the store.”