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(영문) 수원지방법원 성남지원 2016.06.10 2016고정368

사기

Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. On January 201, 201, the criminal defendant against the victim B made a false statement to the victim “The amount of rent of the restaurant operated by the inside and outside of the hospital is KRW 100 million per day, and the daily sales are KRW 100,000,000 per day, and the money will be repaid within two months, if the money is insufficient to operate the restaurant.”

However, in fact, the Defendant had no security deposit to return the real estate that was operated from July 2010 due to the fact that the Defendant had been unable to pay the monthly rent of the restaurant, and the real estate that was owned by the Defendant was an auction, and was already in excess of the obligation, such as repayment of other debts by means of lending money and preventing the return of money, and thus, there was no intention or ability to pay the said money even if the Defendant borrowed the money from the injured party.

Nevertheless, on February 7, 2011, the Defendant received KRW 5 million from the injured party to the account under the name of the Defendant.

2. On April 201, the Defendant, against the victim C, called the victim’s phone at an indivous place, and sent a copy, etc. of the commercial lease agreement to the victim, stating that “The victim would receive and repay the deposit because the store operated after the second month was absent,” and that the victim would receive and pay the deposit.

However, in fact, the Defendant had no security deposit to return the real estate that was operated from July 2010 due to the fact that the Defendant had been unable to pay the monthly rent of the restaurant, and the real estate that was owned by the Defendant was an auction, and was already in excess of the obligation, such as repayment of other debts by means of lending money and preventing the return of money, and thus, there was no intention or ability to pay the said money even if the Defendant borrowed the money from the injured party.

Nevertheless, on April 22, 201, the Defendant received KRW 5 million in cash from the injured party at a restaurant that he operated.

Summary of Evidence

1. Statement by the defendant in court;

1.With respect to C, B and D, respectively.