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(영문) 서울중앙지방법원 2015.02.12 2013고단1589
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On October 24, 2012, the Defendant was sentenced to a suspended sentence of two years for the purpose of fraud in order to imprisonment with prison labor for a period of eight months in order to commit fraud, and on December 27, 2012, the said judgment became final and conclusive.

around January 19, 2012, the Defendant: (a) around October 2012, the 2013 Highest 1589, the Defendant: (b) around the 2013rd class 1589, at the E-cafeteria located under the D located under the jurisdiction of the Defendant, the victim F, “it has been operating this cafeteria from October 201 to October 201; (c) the restaurant has long been a restaurant; and (d) it is necessary to make an investment to start the two-related franchise business. (b) If the Defendant invests KRW 50 million in the 2nd class, the cafeteria is new; (d) the principal would be repaid in installments once every two years; and (d) the principal would be repaid in installments.

However, in fact, even if the defendant received money from the victim, he did not have the intent or ability to newly establish the above E-cafeteria, or to run the two-department franchise business, and the average monthly sales of one-month at the above restaurant is merely 5 million won, and should be used for the above restaurant management fee, etc. with the money received from the victim, so there was no intention or ability to pay the victim in installments the profit of KRW 3 million per month and the principal.

Around January 20, 2012, the Defendant, by deceiving the victim, received KRW 5 million from the victim to the corporate bank account under the name of the Defendant, and received KRW 45 million from the same account around January 26, 2012, and acquired it by remittance.

On February 10, 2012, the Defendant stated that “The Victim F will pay KRW 80,000,000 as monthly income if he/she makes an investment in the E cafeteria located in Pakistan on February 10, 2012.”

However, in fact, it was uncertain as a problem such as the installation of a septic tank for the operation of urban village manufacturing business at the time, and urban village manufacturing business.

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