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(영문) 서울남부지방법원 2020.06.17 2019고단5414
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

around March 30, 2016, the Defendant stated that “A” restaurant located in Geumcheon-gu Seoul Metropolitan Government, and that “A 10 million won is loaned to the victim D the money to be used as a restaurant operating fund, the principal shall be paid in full within 1,200,000 won per month plus the interest of 200,000 won per year.”

However, in fact, the Defendant was liable for credit card loans and personal debts of KRW 100 million, and it was difficult to operate the restaurant to the extent that the lease deposit would be deducted due to the failure to pay the monthly rent of the operated restaurant, and the so-called “defluence” was made, such as repayment of other debts with borrowed money from the victim, and there was no intent and ability to repay even if the Defendant borrowed money from the victim.

Nevertheless, the defendant received KRW 10 million from the victim's national bank account (E) on the same day.

Accordingly, the defendant was given property by deceiving the victim.

around August 2014, the Defendant stated to the effect that “C” restaurant located in Geumcheon-gu Seoul Metropolitan Government Geumcheon-gu, “A” and the victim F was able to pay 20,000 won interest equivalent to 2% of the principal until he/she has repaid the loan of KRW 20,000,000,000,000,000,000 won to be paid every month until he/she has repaid the loan.”

However, in fact, the Defendant was liable to pay 100 million won as credit card loans and personal debts, including the failure to pay taxes at the time of borrowing, and was in difficult circumstances to operate the restaurant, and the so-called “defensive” was made, such as repayment of other obligations with borrowed money from the victim, and there was no intent and ability to repay money from the victim.

Nevertheless, on September 4, 2014, the Defendant received KRW 20 million from the victim.

In this respect.

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