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(영문) 전주지방법원 2015.06.25 2014고단2154

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On October 10, 2012, the Defendant, against the victim C, sent a phone call to the victim C, and said, “I would pay back immediately if I would lend money to the studio of the age club operated by the Defendant, or would lend money to the waz.”

However, even if the Defendant did not operate the age club at the time and received the money from the victim, it was thought that the Defendant would pay the Defendant’s personal debt by using the so-called “D” operating expenses or repaying the borrowed money from other persons on July 2012, 2012. However, the Defendant did not have any intent or ability to provide the Defendant with interest income by investing in the age club room or lending money to the Party.

As above, the Defendant, by deceiving the victim, received KRW 2.5 million from the victim to the account under the name of the Defendant on the same day, and, from March 11, 2013 to March 11, 2013, took over KRW 78,40,000 through 13 times in total, as shown in attached Table 1.

2. On October 2, 2012, the criminal defendant against the victim E stated that “When investing KRW 50 million in H, the victim E will give 10% of the age-based equity and receive benefits from a management position.”

However, even if the Defendant received money from the victim, it was merely thought that the Defendant would pay the Defendant’s personal debt by using the so-called “D” type, such as using it as operating expenses of “D,” or repaying the borrowed money from other persons on July 2012, and since it did not operate H at that time, it was 10% of the Defendant’s age shares and management position.