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(영문) 수원지방법원 안양지원 2016.11.02 2016고단331
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

From around 2007 to May 2015, the Defendant served as an employee of the “D cafeteria” located in king City C.

1. Around March 25, 2013, the defrauded of the Victim E made a false statement to the effect that “The Defendant would repay money at a low interest rate for three months if he/she lent money to the victim at the D restaurant operated by the Victim E to the effect that “the Plaintiff received the transaction amount from the customer who operates freezing tea business as a promissory note.”

However, at the time of the fact, the defendant already bears a large amount of obligation, and the expenses to be paid with interest, etc. exceed monthly income, so even if he borrowed money from the victim, it was merely thought to be used for the defendant's personal debt repayment, etc., and there was no intention or ability to repay the above money to the victim three months after the loan to the defendant's father.

Nevertheless, the Defendant, as seen above, received a remittance of KRW 20 million from the victim on the same day from July 31, 2014, and received KRW 36 million in total from the victim four times from July 31, 2014, such as the list of crimes (1).

2. Around November 19, 2010, the Defendant against the victim F made a false statement to the effect that “A victim F, an employee working together with the Defendant, who is an employee at the said D cafeteria, “a part of the business capital need to be paid out. If the Defendant borrowed money to the father, he/she will pay the victim F after 1 to 2 months with interest added thereto.”

However, at the time, the defendant already bears a large amount of obligation, and the expenses to be paid with interest, etc. exceeds the monthly income, so even if he borrowed money from the victim, he did not think that it would be used for the defendant's personal debt repayment, etc., and he lent the above money to the defendant's father.

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