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(영문) 의정부지방법원 고양지원 2018.09.21 2017고단2587

사기

Text

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

Reasons

Punishment of the crime

On July 13, 2017, the Defendant was sentenced to a suspended sentence of one year for six months of imprisonment for fraud at the Seoul Central District Court, and the judgment became final and conclusive on the 21st of the same month.

1. The Defendant loaned money to the victim in a private letter or a private letter in the Dong-gu, U.S., U.S., Dong-gu, U.S. on January 2, 2015 that he/she became aware of in the course of engaging in a joint activity with the victim B, and that he/she purchased the card at a lower price in the carno and wants to engage in a project, such as re-surting. It will be repaid together with the interest.

“.....”

However, the Defendant, at the time, was in arrears with the monthly salary and rent of the employees due to the lack of profits in operating the other joint-related office, and was under demand for the repayment of the obligation amounting to KRW 60 million borrowed from the past branch in the past. On the other hand, there was no particular income, property owned, or business plan prepared in detail for casino-related business. Therefore, even if the Defendant borrowed money from the damaged party, there was no intention or ability to pay the money in accordance with the agreement.

Ultimately, the Defendant, by deceiving the victim as above, received 3 million won from the injured party under the same day as the borrowed money.

2. On January 20, 2015, the Defendant continued to attract the victims to the D hotel located in Jeju-do, “The Defendant is scheduled to attract Chinese customers to the casino, receive 40% of the amount lost by the customers from the casino as a subsequent allowance. Around January 20, 2015, the Defendant will return half of the allowances to the Plaintiff plus the profits.

“.....”

However, under the circumstances where it is economically difficult at the time, as described in paragraph 1, the Defendant did not have any business plan specifically prepared in relation to the casino, and the considerable portion of the money that the Defendant would borrow from the injured party as the usage of the existing debt repayment or living expenses, so even if he borrows money from the injured party, it shall be paid in accordance with the agreement.