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(영문) 서울남부지방법원 2016.12.22 2016고단1698
사기등
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

Reasons

Criminal facts

“2016 Highest 1698 (the following 1 parts):

1. Around April 24, 2012, the fraud Defendant stated to the effect that “If the funds for opening business of 35 million won are leased to the victim E, the victim E will pay the interest of 2.5% per month while paying the interest of 2.5% per month and pay the principal by July 1, 2012.”

However, at the time of fact, the existing business operated by the defendant was used as operating expenses by borrowing the money from another person in the state of the enemy, and it was intended to start a new business of operating the bread by borrowing money from another person, including the victim, without any particular property or funds, so there was no intention or ability to repay the money properly within the time agreed upon even if the money was borrowed from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received 35 million won from the victim to the G bank account in the name of F without delay, and acquired it by deceiving the victim.

"2016 Highest 3890 (the following two parts)"

2. No credit card merchant which violates the Specialized Credit Financial Business Act shall make a transaction by credit cards in the name of another credit card merchant;

A. From April 2013 to August 2013, the Defendant traded 8,6320,000 won in total with the credit card terminal in the name of “D” in the name of “D,” when operating K Co., Ltd., which is a credit card merchant, in substance at the J Station Underground stores located in Eunpyeong-gu Seoul, Seoul, and selling bread, etc. to customers and settling the payment thereof.

Accordingly, the Defendant traded by credit card using the name of H, which is another credit card merchant.

B. The Defendant using L’s name is from August 2013.

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