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(영문) 수원지방법원 성남지원 2014.02.14 2013고단1926

사기

Text

Defendant

A shall be punished by a fine of 2,00,000 won and by imprisonment of 6 months for each of the defendants B.

Defendant

A The above fine shall be imposed.

Reasons

Punishment of the crime

1. Defendant A

A. On September 26, 2012, Defendant A: (a) in Gwangju City, the fact that Defendant A had operated at the time, Defendant A did not make profits due to the poor operation of the G restaurant located in Gwangju City, and did not pay taxes and public charges, such as the electricity charges of the said restaurant; (b) he received a total of KRW 1 million from his children every month; and (c) he was liable to pay approximately KRW 10 million, and thus, Defendant A did not have the intent or ability to return the money even if he borrowed the money from the victim H; (d) the victim did not have the intent or ability to return the money, and (e) the victim acquired the money by transfer from the victim to the Defendant’s post office on the same day.

B. On October 15, 2012, Defendant A: (a) at the time of Gwangju City, Defendant A, the operator of the G cafeteria located in Gwangju City, which was operated at the time, did not make profits; (b) did not pay taxes and public charges, such as the electricity charges of the said cafeteria; (c) did not receive a total of KRW 1 million from his children every month; and (d) did not have the intent or ability to return money even after borrowing money from Defendant A, Defendant A, even though he did not have the intent or ability to return it, Defendant A made a false statement to the victim, stating that “A person shall grant monthly pay to the cafeteria, if he/she lends more than one million won, he/she would immediately repay it; and (d) he/she received KRW 1 million from the victim to the Defendant’s agricultural bank account on the same day.”

2. Defendant B

A. The injured party I (1) Defendant B was an interesting agricultural cooperative located in Yacheon-gu, Yacheon-si, Yacheon-do, Syicheon-si, Yacheon-si, and Defendant B was unable to pay the monthly rent of KK cafeteria located in Gwangju-si, which was operated at the time, and Defendant B was not able to pay the monthly rent of K K cafeteria, which was admitted to Defendant B, and thus, the intent or ability to return the said money even if borrowed from the injured party I.