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(영문) 수원지방법원 성남지원 2019.05.16 2019고단330
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. Around November 27, 2017, the Defendant made a false statement to the victim D, stating, “I will make payment after two months if I lend KRW 10 million to the victim D,” from the C ordinary point of view in the Defendant’s operation in Jeju-si.

However, the defendant had a debt equivalent to 250 million won at the time, and there was no intention or ability to repay the debt even if he borrowed money from the victim due to the absence of any specific property.

As such, the Defendant, by deceiving the victim, received nine million won from the victim for the same day as the loan money, and acquired it by deceiving the victim.

2. On December 28, 2017, the Defendant, at the above C ordinary store, concluded that “The Defendant borrowed KRW 10 million as the purchase cost of alcoholic beverages in a restaurant is insufficient. The Defendant would dispose of the restaurant between 10 million and repay the restaurant within two months with the previous loan money.”

However, the defendant did not have any particular property as stated in Paragraph 1, and even if he disposed of a restaurant, he did not have any intent or ability to repay the debt even if he borrowed money from the victim because he did not have any money.

As such, the Defendant, by deceiving the victim, received nine million won from the victim for the same day as the loan money, and acquired it by deceiving the victim.

3. On January 19, 2018, the Defendant made a false statement to the victim that “The amount of money to be repaid from credit card value is needed. If the Defendant borrowed KRW 10 million, the Defendant would dispose of the restaurant between 10 million and pay it within two months along with the previous loan money.”

However, the defendant did not have any particular property as stated in Paragraph 1, and even if he disposed of a restaurant, he did not have any intent or ability to repay the debt even if he borrowed money from the victim because he did not have any money.

As such, the Defendant, by deceiving the victim, received nine million won from the victim for the same day as the loan money, and acquired it by deceiving the victim.

In this respect.

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