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(영문) 서울남부지방법원 2019.10.02 2017고단3198 (1)

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant of the Gangseo-gu Seoul Metropolitan Government “C” health care center is a person who operated the Gangseo-gu Seoul Metropolitan Government health care center.

1. On November 2015, the Defendant made a false statement to the victim F on the first floor of E sales outlet located in Gangseo-gu Seoul Metropolitan Government, stating that “The amount to be received from the branch shall be KRW 25 million, and the amount of the health care business fund to be newly opened is the mother and the amount to be collected at KRW 25 million, and if the loan is extended only to KRW 25 million, it shall be repaid at the latest in the month.”

However, in fact, there was no particular income at the time, and there was no intention or ability to repay within a given period, even if the victim borrowed money from the victim for personal purposes such as living expenses, as well as the existence or absence of the 25 million won claim, which was agreed to receive from the beneficiary.

Nevertheless, on November 11, 2015, the Defendant: (a) by deceiving the victim as above; (b) received KRW 15 million from the G bank account in the name of the Defendant; and (c) received KRW 5 million in cash from H I bank in the name of the Defendant; and (d) received KRW 10 million from H I bank in the same manner, around December 4, 201 in the same manner; and (b) the same month.

7. It received KRW 5 million, KRW 15 million in total, and KRW 46.5 million in around August of the same month.

2. Around December 11, 2015, the Defendant prepared a contract to join the victim J with the above healthcare center operated by the Defendant, and made a false statement to the victim that “The Defendant would provide a new member with an open event with an opportunity to receive registration fees particularly at an open event.”

However, the fact is that there was no funds to operate the health center at the time, and there was no intention or ability to operate the health center even if most of the funds borrowed were to be used for personal purposes, such as living expenses, etc. as stated in the above paragraph (1).

Nevertheless, the defendant.