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(영문) 서울서부지방법원 2014.04.23 2013고단2826

사기

Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around November 24, 2009, the Defendant made a false statement to the victim D, who worked in the “C” management room of the Defendant’s operation in Dongdaemun-gu Seoul, stating that “I would lend KRW 10 million to the victim D, who would give a monthly interest, KRW 300,000,000.”

However, in fact, the defendant did not have any particular property, and even if he had an individual obligation exceeding 20 million won, the above 10 million won was consumed for the defendant's repayment, and there was no intention or ability to pay interest on the above loan to the victim by the due date.

As such, the Defendant, by deceiving the victim as such, received KRW 10 million from the victim to the Defendant’s corporate bank account in the name of the borrowed money.

2. Around December 27, 2009, the Defendant made a false statement to the victim D, who was employed by the “C” management office of the Defendant in Dongdaemun-gu Seoul Metropolitan Government, stating, “If 300,000 won is paid monthly, plus 300,000 won interest on the borrowed amount of KRW 10,000,000 per month, 300,000,000,000 won shall be paid monthly, and 60,000 won shall be paid.”

However, the fact is that other members of the fraternity operated by the defendant at the time failed to pay the fraternity, and it was difficult for the defendant to pay the fraternity to the employee's wages due to the difficulties in operating the part management room operated by the defendant, so there was no intention or ability to pay the fraternity to the victim at the end of the contract.

As such, the Defendant, by deceiving the victim as such, received KRW 60,000 from the victim to the bank account in the name of the Defendant, and received KRW 600,000 from the victim to the bank account in the name of the Defendant, and received the total amount of KRW 22 times from that time to September 26, 2011, as shown in the list of crimes in the attached Table, was transferred to the bank account in the name of the Defendant.

Summary of Evidence

1. The entry of the accused in part of the first trial record; and