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(영문) 서울중앙지방법원 2013.05.16 2013고단392
사기
Text

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

Reasons

Punishment of the crime

At around 200 and around 2002, the Defendant continued to provide credit card loans and guaranteed bonds, and the Defendant’s debt was accumulated as loans and bonds are repeated in order to repay them. At around April 2008, the Defendant opened a restaurant with the trade name of “C cafeteria” and operated the restaurant, but as the business was poor, the Defendant was able to borrow money or receive guidance money from other persons to appropriate for the repayment of the debt.

1. Crimes against victims D;

A. A. Around September 26, 2008, the Defendant made a false statement to the victim D, stating, “A guarantor is required to borrow money from F. It will not cause damage on the west,” at the C restaurant operated by the Defendant in the Chungcheongnam-gun Budget Group E.

However, at that time, the Defendant did not have any intent or ability to repay the borrowed amount even if he borrowed money from D with no certain income or property on the part of the Defendant’s debt amounting to 65 million won.

As such, the Defendant, by deceiving D as such, had D bear the guaranteed liability of the Defendant from F to borrow KRW 15 million from F, thereby acquiring pecuniary profits equivalent to the same amount.

B. Around January 23, 2009, the Defendant made a false statement to D, “I have to pay the card price of Ig and use money. I will make a repayment by the end of the end of the month when I are taking out insurance. I can make a repayment by the end of the month when I are taking out insurance. I can make a repayment by the end of the month when I are taking out insurance.”

However, even if the defendant borrowed money from D, he did not have the intention or ability to repay it.

The Defendant, as such, by deceiving D as such, received 2.4 million won from D to the deposit account in the name of G on the same day.

The defendant as well as the attached Form.

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