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(영문) 서울중앙지방법원 2018.10.19 2018고단3934

사기

Text

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

Reasons

Punishment of the crime

The defendant is a person who operates a skin management office.

On May 2015, the Defendant made a false statement to the victim E at the “D” management office of the Defendant’s operation of Seocho-gu Seoul Seocho-gu Seoul Party B and C, with the purport that “If the Defendant loans money necessary to operate the skin management office and to pay credit card payments, etc., he/she will repay the principal and interest.”

However, the Defendant had already failed to file an excessive claim with a financial institution and applied for a personal rehabilitation procedure to the court on December 2, 2014, and had started on January 29, 2015. The Defendant had already failed to normally operate the skin due to the Defendant’s traffic accident, etc., and the separate cosmetics sales have not been properly paid rent, employee’s monthly wages, and the price of goods such as cosmetics, etc., and thus, the Defendant did not have any intent or ability to pay the amount even if borrowing the amount from the injured party.

On May 11, 2015, the Defendant: (a) by deceiving the victim; (b) received a remittance of KRW 10 million in the name of the borrowed money from a new bank account with the Defendant’s name from the victim; (c) around May 11, 2015.

In addition, the Defendant received a total of KRW 237 million from the damaged person on a total of 18 occasions as stated in the list of crimes listed in the attached Table from December 16, 2015, and received a total of KRW 150 million from the damaged person on a loan basis, and received a total of KRW 237 million from the damaged person on a total of 18 occasions, repayment of the total of KRW 87 million as the principal for the above money, and acquired a total of KRW

Summary of Evidence

1. Partial statement of the defendant;

1. Statement in part at the prosecution of the defendant;

1. Legal statement of witness E;

1. Investigation reports (Submission of details, etc. of principal and interest of complainants);

1. Court rulings (loans), a certificate of borrowing, a statement of financial transactions, the progress of the Supreme Court’s electronic litigation (individual rehabilitation), text messages, the current status of lending and repayment of money, the method of revocation of complaint, receipts, and receipts.