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(영문) 제주지방법원 2017.08.23 2017고단161
사기
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

[Criminal Records] On April 10, 2015, the Defendant was sentenced to a two-year suspended sentence of imprisonment with prison labor for an injury on the grounds of the crime of injury in the Sungnam branch of Suwon branch of Suwon, and the said judgment became final and conclusive on the 18th of the same month.

[Criminal facts]

1. On March 8, 2016, the Defendant committed the crime: (a) around February 20, 2016, in the “E cafeteria” operated by the victim D, a branch located in Sungnam-si, Sungnam-si, (c) around February 20, 2016, the Defendant loaned KRW 50,000,000 per month from April 7, 2016 to February 7, 2019, to the victim “E cafeteria” for the purpose of opening a new business by transferring and expanding the existing cafeteria; and (b) if the funds, such as the deposit, are insufficient, the principal would be changed by one million won per month until the principal is repaid; and (c) the interest would be paid in 1.1 million won per month until the principal is repaid.

“A false statement” was made.

However, in fact, the Defendant, at the time, did not have an individual debt amounting to KRW 80,000,000 and paid the principal and interest amount of KRW 15,00,000 per month, and was more than the revenue, and thus, even if he borrowed money from the victim, there was no intention or ability to make a change of the principal and interest amount of KRW 2.5 million per month as agreed upon.

The Defendant, as above, was issued KRW 50,000,000 in cash as a loan, at the point south of Sung-nam branch of the Korean Bank, 125 as a result of the revision of Sung-nam City around March 8, 2016, from the victim who had deceivingd the victim and caused the damage.

2. On April 7, 2016, the Defendant of the crime committed around April 4, 2016, in the “E cafeteria” of the victim’s D’s operation, the Defendant repaid the victim the amount of KRW 10 million after one month if the funds for the operation of the cafeteria to be newly opened are loaned to the victim, and repaid the remainder KRW 10 million after the first month if the funds for operation of the cafeteria to be newly opened are added.

The phrase “ makes a false statement.”

However, in fact, the Defendant continued to pay the monthly rent of “F” restaurant that had been previously operated, and at the time, deducted all arrears from the monthly rent of KRW 10 million, the unpaid monthly rent of KRW 6 million, and the overdue electricity of KRW 2 million.

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