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(영문) 서울중앙지방법원 2018.05.14 2017고정3777

사기

Text

The defendant shall be innocent.

Reasons

1. The Defendant, at the end of August 2016, at a mutual health club called “F” operated by the Defendant in the second floor of D University Students E, located in Seoul, the Defendant would pay money to G (n, 25 years of age) who is an employee.

The phrase “ makes a false statement.”

However, in fact, the Defendant was unable to refund the membership fees to the previous members when transferring the health club on August 2016, and the employees’ benefits were not paid due to the difficulties in operating the health club, and even if the Defendant borrowed money from the damaged party due to the absence of any particular property, there was no intention and ability to pay the fees.

Nevertheless, on August 31, 2016, the defendant deceivings the victim as above and acquired the money from the victim to the national bank account (H) in the name of the defendant under the name of the defendant as the borrowed money.

2. The following circumstances acknowledged by the records of this case, namely, ① the victim came to know at a health club operated by the defendant on January 3, 2013 that he/she came to know of the fact that he/she came to know of the fact that he/she came to know of the fact that he/she came to know of the fact that he/she came to know of the fact that he/she came to know of the fact that he/she came to work in the health club operated by the defendant, and that he/she came to know of the fact that he/she came to work in the relationship with the defendant, ② the victim was a considerable period of time, and the victim was in the same workplace. ② At the time, he/she was in arrears with part of the wages of the health club employees at the time when he/she moved to the health club, and the defendant was aware of the fact that he/she did not lend money to the defendant on August 31, 2016, ③ the victim did not receive the loan certificate, ④ the time when he/she actually paid the money to the victim.