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(영문) 서울북부지방법원 2015.08.26 2014고단3476
준사기
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who operated the "D" secondhand shop in Guri-si, and the victim E is a person who worked as an employee in the above secondhand shop.

1. On November 2012, 2012, the Defendant made a false statement to the victim who lacks intellectual ability as Grade 2 of the Cheonggu-gu Seoul Haman Park Jong-gu’s Hospital and the hospital room in Dongdaemun-gu, Seoul, stating that “When the Defendant borrowed the loan under the name of aner because the operating fund is difficult due to the power of operating the fixed property, he/she would pay the money by operating the fixed property without a loss.”

However, in fact, the Defendant was liable for the debt amounting to KRW 00 million at the time, and at the time, the above secondhand is not exempt from the enemy, and eventually, it is difficult to operate to the extent that it will discontinue the business and file a petition for bankruptcy on or before June 2013, and thus, there was no intention or ability to repay the borrowed amount.

On November 28, 2012, the Defendant, by deceiving the victim, had the victim obtain a loan of KRW 10 million from the Dobong branch Co., Ltd., Dobong-dong, Dobong-gu Seoul Metropolitan Government, and received the loan by means of withdrawing the loan by using the victim’s debit card connected to the above account at that time when the loan was deposited into the victim’s corporate bank account in the name of the victim.

2. Around December 17, 2012, the Defendant re-sumed the victim to the same purport in the above G G prison and hospitalization room.

However, the Defendant did not have the intent or ability to repay the borrowed money as above.

The Defendant, by deceiving the victim and allowing the victim to borrow KRW 23,50,000,00 from SC Standards Capital Co., Ltd. on the same day, and then deposited the loan into the above company bank account in the name of the victim, received the payment by withdrawing the loan using the victim’s debit card around that time.

Accordingly, the defendant is the victim.

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