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(영문) 서울남부지방법원 2016.07.19 2016고정1076

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On August 1, 2013, the Defendant: (a) at the “D” restaurant operated by the Defendant in Yangcheon-gu Seoul Metropolitan Government, “D” restaurant, the Defendant would pay the victim E the interest at 3% per month on the loan of money; and (b) pay the principal when the principal wishes.

“A false statement” was made.

However, at the time, there was no particular property for the defendant at the time, and even though the defendant had operated five numbers at the same time, the fraternity was not operated properly, such as lockedly without paying the fraternity, so the defendant borrowed money from the damaged person on the premise of preventing the above fraternity, so even if he borrowed money from the damaged person, there was no ability or intent to repay it.

Nevertheless, the Defendant, as such, by deceiving the victim, received one million won in cash from the victim in the name of borrowed money, i.e., a new bank account (Account Number F) in the name of the Defendant, and obtained a total of KRW 10 million from the Defendant and acquired the money by deceiving the victim.

2. On September 15, 2013, the Defendant would pay the victim E at the place in the preceding paragraph of the preceding paragraph “on the face of the need to pay the money, and on the face of the loan, the principal shall be paid at 3% per month and repaid when the principal is desired.

“A false statement” was made.

However, the defendant did not have the ability or intention to repay the money even if he borrowed the money from the damaged person on the grounds of the preceding paragraph.

Nevertheless, the Defendant, as such, by deceiving the victim and deceiving the victim, obtained a total of KRW 10 million from the 16th of the same month to the above new bank account from the victim under the pretext of borrowing, and obtained a delivery of KRW 10 million on the 16th of the same month to receive KRW 5 million, respectively.

3. On September 1, 2014, the Defendant would pay the victim E at the place in the preceding paragraph of the preceding paragraph “on the face of the need to pay the money, the interest on the loan of the money shall be 3% per month, and the principal shall be repaid when the principal is desired.

“A false statement” was made.

However, the facts are based on the same reasons as Paragraph 1.