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(영문) 수원지방법원 안양지원 2015.10.15 2015고단1016

사기

Text

Defendants shall be punished by imprisonment for six months.

However, as to the Defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

around July 10, 2007, the Defendants opened “Ecafeteria” on the first floor of the Seodaemun-gu Seoul Metropolitan Government DD Building, but the Defendants incurred approximately KRW 75 million in the process of opening the business and incurred a debt in excess of their obligations. The Defendants did not have any intent or ability to repay or pay money even if they received money or receive food materials from the victims due to the buckbucking situation even when they paid rent, personnel expenses, premiums, etc. with the proceeds of operating the Ecafeteria.

1. The Defendants’ co-principal

A. On April 15, 2008, the Defendants called the victim F by phoneing the victim F at the above E-cafeteria, and called the victim F to the effect that “I will lend the money f. f. f. f. f. f.”

However, in fact, the Defendants did not have any intent or ability to complete payment even if they borrowed money from the victim because of the above circumstances.

The Defendants conspired to induce the victim as above, and the victim received five million won on the same day from the victim and acquired it by fraud.

B. On September 2008, the Defendants stated that “the Defendant shall pay the cost of the goods rapidly” to the victim G at the above E-cafeteria. Within one month, the Defendants lent money to the victim G.”

However, in fact, the Defendants did not have any intent or ability to complete payment even if they borrowed money from the victim because of the above circumstances.

The Defendants conspired to induce the victim as above, and the Defendants received KRW 2.2 million from the victim during September 2008, and acquired it by deception.

C. Around May 2009, the Defendants told the victim H that “if rice is delivered, the Defendants would immediately settle the price.”

However, in fact, the Defendants did not have the intent or ability to pay the price even if they were supplied with rice from the victim because of the above circumstances.

The Defendants conspired to induce the victim as above, and the equipment from May 2009 to November 2, 2009 at the market price of 2,483,00 won owned by the victim.