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(영문) 서울남부지방법원 2015.09.04 2015고단1900

사기

Text

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

Reasons

Punishment of the crime

1. On February 10, 201, the Defendant stated that “Around February 10, 2011, the victim E would be entitled to KRW 3 million a monthly store in Mancheon-gu, Seoul. The Defendant borrowed money to use the store in purchasing the store.”

However, in fact, the Defendant did not have any income, and the Defendant was paying the credit card debt amounting to KRW 20 million and the debt amounting to KRW 20 million from the neighboring parties in the manner of avoiding the repayment of the debt, so even if he borrowed money from the victim, there was no ability or intent to repay the loan amount.

Around February 10, 2011, the Defendant, by deceiving the victim as such, received KRW 50 million from the victim to the single bank account under the name of the Defendant as the borrowed money.

2. On March 27, 2013, the Defendant: (a) paid KRW 27,800,000 (one million per month after carbon) in a cafeteria located in Gangseo-gu Seoul Metropolitan Government for the 26-month period; and (b) paid KRW 27,000,000 per month to the victim E who operates the “27-day limit” in order to receive KRW 20,000,000; and (c) was assigned Nos. 3, 15, and 20 to the victim E in order to purchase the continuous clothes in bulk; and (d) was assigned Nos. 1, 6, and 9.

However, for the reasons stated in the above paragraph (1), the Defendant was under pressure to make a monetary pressure, and thus, the Defendant did not have any intention or ability to pay the transferred money in the early stage.

As such, the Defendant: (a) by deceiving the victim as such; and (b) obtained pecuniary benefits equivalent to the same amount from the victim on March 27, 2013; (c) around July 27, 2013; and (d) received a fraternity of KRW 20 million from July 27, 2013; and (c) even around October 27, 2013, the Defendant did not pay the fraternity of KRW 21 million, excluding the advance payment, until the time when he/she did not pay the advance payment; and (d) obtained pecuniary benefits equivalent to the same amount.

3. The Defendant, around November 20, 2013, paragraph (2) above.