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(영문) 대구지방법원 2014.11.21 2014고단4225

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On June 3, 2011, the Defendant: (a) at the “D” restaurant operated by the Defendant located in Busan Metropolitan City; (b) at the “D” restaurant operated by the Defendant; (c) the said restaurant, despite the absence of any specific property and any other person’s intent or ability to repay money even if having borrowed money from another person due to the absence of any specific property, the Defendant fraudulently told the victim E to the effect that “if the Defendant lends money, he/she will have to pay the money to the victim by June 3, 2012; and (d) obtained KRW 23 million from the victim.”

2. On July 4, 2011, the Defendant, at the same place, stated that the above restaurant is in the state of its operation, and that the above restaurant is in the state of its obligation to pay 10-120,000 won or more per day, and that even if there is no particular property to borrow money from another person without any intention or ability to pay the money, despite the absence of any intention or ability to pay the money, he/she shall pay the money to the victim up to December 4, 201, and he/she shall receive 10,000 won from the victim and shall obtain money from the victim.

3. On July 15, 201, the Defendant, at the same place on the same day and around July 15, 201, stated that the above restaurant is in a state of operation, and that the above restaurant is in a state of operation of financial institutions and interest on financial institutions and bonds are not paid up to 10-120,000 won a day, and even if there is no specific property, there is no intent or ability to repay the money from another person, he/she shall be repaid until December 4, 201 if he/she lends money to the victim, and that he/she shall receive 10,000 won from

4. The Defendant: (a) around May 14, 2012 at the same place; (b) in fact, the above restaurant is in the state of its operation; and (c) in addition to the payment of the debts of financial institutions and interest on bonds to KRW 10-120,000 per day, the Defendant borrowed money from another person without any particular property; and (d) notwithstanding the fact that the Defendant did not have the intent or ability to repay said money