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(영문) 울산지방법원 2015.05.14 2014고단4005

사기등

Text

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

Reasons

Punishment of the crime

1. Around October 20, 201, the defrauded Defendant: “Around March 201, the Defendant was expected to start a business with an entertainment drinking house in Ulsan Island. A deposit for an entertainment drinking house is needed; (b) a deposit for an entertainment drinking house is leased KRW 22,00,000; and (c) a deposit is required to pay KRW 1540,000,000; and (d) a few months of the opening of a business. As such, the Defendant would be able to receive interest at a high rate of interest from a person with a payment of KRW 22,00,000,000,000 from the beneficiary; and (d) he/she returned the principal from the beneficiary around the opening of a business and used it as a deposit for an entertainment drinking house and paid it immediately after the expiration of the lease period. If he/she does not pay the money, he/she must have to be repaid even if he/she did not pay

However, the Defendant had no obvious revenue and property, and had already borne an obligation of 30 million won or more with the victim, and there was a lack of capital to run an entertainment tavern business other than the borrowed money from the victim, and did not proceed with specific preparation such as entering into a lease contract. As such, it was difficult for the victim to start an entertainment drinking house during the scheduled period using the borrowed money as a deposit for a deposit for a lease on a deposit basis. A part of the borrowed money from the Defendant was used as a so-called prepaid deposit against the female employee who is to employ in an entertainment drinking house or lent it to the said branch at once before the commencement of the business, and there was no intent or ability to repay the borrowed principal, as agreed by the victim.

On November 18, 2011, the Defendant, by deceiving the victim as such, received a total of KRW 2,0460,000 from the victim to the financial account under the name of the Defendant three times as the borrowed money.

2. The Defendant who forges a private document and uses a falsified private document shall continue to use the borrowed money as an entertainment tavern deposit against the obligee B and B, who is urged by the obligee to repay the borrowed money under the preceding paragraph.