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(영문) 의정부지방법원 고양지원 2014.03.20 2014고단83

사기

Text

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

Reasons

Criminal facts

1. The Defendant of the 2014 Godan83 case lent KRW 500 million from C (C) around 2003 to purchase the building and site of the “E” restaurant in Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, and leased the building and site thereof to others.

On February 2, 2013, the Defendant stated that “G” located in Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Syang-gu, which is located in F, that “The Defendant owns a restaurant located in Seoyang-gu, Seoyang-gu. The lessee needs to return the deposit to the lessee to the lessee in order to directly operate the restaurant. If the lessee lends KRW 30 million, the lessee was released and the restaurant was operated together. The money will be repaid immediately after one month.”

However, at the time of fact, if the Defendant received money from the victim, it was thought that he will use the money to repay his personal debt, and the above restaurant building and its site, the sole property owned by him, are set up with the maximum debt amount of KRW 924,00,000. On November 28, 2012, there was no intention or ability to repay the money even if he borrowed money from the victim, since the auction procedure was initiated around November 28, 2012.

Nevertheless, the Defendant deceivings the victim as above and acquired 30 million won as the borrowed money from the victim around that time.

B. On March 2013, 2013, the Defendant stated that “The Defendant would immediately repay the amount of KRW 10 million prior to borrowing KRW 30 million to the victim,” with the victim’s loaning KRW 10 million.

However, at the time of fact, the defendant did not have any intent or ability to repay the above even if he borrowed money from the victim due to the above circumstances.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim as the borrowed money around that time, and acquired it by fraud.

2. Cases 2014 Highest 122;

A. On August 1, 2013, the Defendant was three floors of the building C in Gyeyang-gu, Gyeyang-gu, Seoul.