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(영문) 서울중앙지방법원 2020.02.06 2018고단4929

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On October 25, 2018, the Defendant was sentenced to imprisonment of one year and six months for fraud to the Seoul Central District Court on February 22, 2019, and the judgment became final and conclusive on February 22, 2019.

[2018 Highest 4929]

1. On December 4, 2014, the Defendant concluded that “The Defendant would pay the victim KRW 100 million per interest per month on the 27th day of each month when he/she lends the amount of KRW 100 million to the victim who is operated by the victim C in the Guri-si, Seoul, to the victim, “I will pay the victim KRW 500,000 per interest per month on the 27th day of each month,” and on July 28, 2015, at the Flux Center of the “F Cheong F Cheong F Cheong F Cheong F Cheong F Cheong F Cheong 2 points” operated by the Defendant located in the Gangnam-gu Seoul, Seoul, to the victim C and G, and if it is necessary to borrow the amount of KRW 200,000,000,0000,000,000 prior to the date of each month, the Defendant made a false loan to the victim C and G.

However, at the time, the defendant did not prepare a business plan with which profit-making can be made in relation to Maspact business, and it is difficult to lend interest to the victim for a different time. However, while operating F 1 points, there was no intention or ability to return the principal of the money borrowed to the victims when the employee's wages and building rents are closed, and there was no intention or ability to return the money borrowed to the victims.

Nevertheless, as seen above, the Defendant, as the victim’s false statement to the victims, received a total of KRW 195,70,000 from the victim C during six times from December 4, 2014 to August 4, 2015, and partly repaid KRW 166,345,30,00, as shown in the attached Table 1 of Crimes List 1, and acquired the money from the victim G, and acquired the money from the victim G on July 28, 2015.

7. From 30. up to 30.0., as shown in Appendix 2, a total amount of KRW 95,010,000 was remitted and partly repaid, 87,269,282 of the remaining money was acquired.

2. On February 18, 2016, the Defendant, at the above “F Cheongdam” store around February 18, 2016, has a reputation for the victim H by, for instance, contributing to I programs, and operating the F Cheongdam store.