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(영문) 광주지방법원 순천지원 2012.11.15 2012고단863

사기

Text

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

Reasons

Punishment of the crime

The Defendant, from August 2008 to April 2009, operated the task with the trade name “D” as “D” in Article 201 of the said Act.

1. On June 2008, the Defendant told the victim E of the above shopping mall No. 201 to the effect that “I would immediately pay the cost of the signboard if I would have manufactured or installed the D shop signboard.”

However, the fact is that the defendant was given a loan equivalent to KRW 55 million at a financial institution for the opening of the above-mentioned business and additionally borrowed money from another person to prepare for the opening of the business, and if the income from the operation of the above-mentioned business is deducted from all kinds of expenses such as debt interest, monthly income, employee pay, etc., it is reasonable to see that there was no other income or property, and therefore there was no intention or ability to pay the victim the cost of the signboard installation.

The Defendant, as such, by deceiving the victim, did not pay KRW 15,145,00,00, even after being installed a signboard from July 10, 2008 to August 20, 2008, and did not acquire the same amount of pecuniary benefits.

2. On July 8, 2008, the Defendant sent a telephone to the victim F of the above shopping mall No. 201 on July 2008, the Defendant stated to the effect that “The Defendant would pay the balance of 40,000,000,000 won of the above apartment shopping mall, which had been sold to the victim F for the operation of the D subject, provided that he would have been able to provide the remainder of 10,000,000,0000,000,0000,000,000,000,000,000,000,000,000,000,000

However, the fact that the defendant did not have purchased the second floor of the above apartment commercial building, and there was no intention or ability to repay the borrowed money to the victim due to the above economic condition.

As such, the Defendant, by deceiving the victim, received KRW 7 million from the victim as the Defendant’s agricultural bank account on the same day.

3. The Defendant: (a) on 208.