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(영문) 서울중앙지방법원 2017.02.17 2016고단5796

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

The defendant pays 40,000,000 won to the applicant through fraud.

Reasons

Punishment of the crime

The Defendant was a person who was engaged in the main business of supplying the kitchen while operating a knife knife knife cafeteria, and even if re-investment was made, the return of F’s investment was delayed, and the return was not ordered, as well as the service of the main service provider in the operation of the Defendant, and the above franchise restaurant business is faced with economic difficulties, such as not only the cost of food materials and the wages for employees at the above knife cafeteria, but also the cost of food materials and the rent for employees at the middle school, and re-investment of the above F’s real estate auction business in the above F’s real estate auction business, notwithstanding the lack of the intent or ability to receive the return of the said borrowed money, the Defendant concealed that the above borrowed money will be invested in the above real estate auction business, without any intention or ability to pay the money properly.

1. On May 9, 2013, by telephone, the victim G, the Dong branch of the Defendant’s middle school, “A loan of KRW 50 million that is urgently required to pay the money, will be carried out in two times, and the principal bank supplier directly operates the bank supplier.” On the same day, the victim in this case receives money from the victim to the bank account of the Defendant’s name on the same day, and defrauds it; and

2. On October 9, 2013, at the I cafeteria operated by the victim E, a middle school of the defendant of Gangnam-gu, Seoul H, the middle school of the defendant, the victim E, the middle school of the defendant of Gangnam-gu, the amount of KRW 40 million to the above victim only one week. The above victim will be paid KRW 100 million as interest.

B. The Songpa-gu Seoul Republic of Korea makes a franchise called "K" in Songpa-gu Seoul and operates L at the same time in Sungnam, and if the money is not paid within the due date, it will transfer the lease deposit and all the rights of the rest of the lease store.

“Falsely speaking,” it received KRW 40 million from the injured party on October 10, 2013 by means of the said method and acquired it by defrauded.

Summary of Evidence

1. Part of the defendant;