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(영문) 수원지방법원 여주지원 2017.11.08 2017고단1043

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On July 29, 2009, the fraud Defendant: (a) around July 29, 2009, at the C cafeteria located in Ischeon-si B, Gyeonggi-do around July 29, 2009, it is necessary to pay money at the vehicle repair cost to the victim D, “The Emore freezing vehicle that is an employee of the cafeteria was broken.”

On February 28, 2010, from the loan of money, repayment will be made until February 28, 2010.

“The purpose of “ was to make a false statement.”

However, for a long time, the Defendant had no particular revenue or property in the wind to regard the enemy at the F cafeteria and C cafeteria operated by the Defendant. On the other hand, the Defendant was liable for considerable debts from the national bank, etc., and the above borrowed money was also planned to be used to pay for the employees’ smuggling monthly pay, and thus, there was no intention or ability to repay the borrowed money from the victim.

Nevertheless, the Defendant received cash 5 million won from the injured party for the same day as the borrowed money from the injured party and acquired it by fraud.

2. On October 15, 2009, the Defendant shall have a director at a different place on October 15, 2009, when there is a problem with the water supply of heading G G, 301 who is currently residing in the Jeoncheon-si, Leecheon-si, Gyeonggi-do.

If the deposit for the lease on a deposit basis is urgently required, the director will first enter into the lease contract with the money, and pay 15 million won as the deposit for the existing house is refunded.

“The purpose was to make a false statement.”

However, for a long time, the Defendant had no particular revenue or property in the wind to regard the enemy at the F cafeteria and C cafeteria operated by the Defendant, and was liable for considerable debts from the national bank, etc., and the Defendant did not actually have any security deposit for lease on a deposit basis to be returned. Therefore, the Defendant did not have any intent or ability to repay the money even if it was borrowed from the injured party.

Nevertheless, the defendant is suffering from the damage.