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(영문) 대전지방법원 2018.04.12 2017고단102
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On March 2015, the Defendant called the Defendant’s friendly victim C and the victim D in the vicinity of Seocho-gu Seoul Metropolitan Government Seocho-gu, Seocho-gu, by phone, and gains will be high if she again leaves a monthly rent with the transfer of her neck at a good place.

If the deposit for the lease on a deposit basis is lent, 3% interest shall be paid monthly on the monthly basis, and the principal shall be refunded if the deposit is returned later.

The phrase “ makes a false statement.”

However, the victims received money from the victims and planned to use it for personal purposes, such as operating expenses for the mobile phone store, personal debt repayment, female-friendly living expenses, vehicle leasing fees, etc. The mobile phone store operated by the Defendant was in a state of not making profits. Since the mobile phone store operated repeatedly with the loan of money from the victims, there was no intention or ability to pay the principal and interest even if it borrowed money from the victims.

Nevertheless, the Defendant obtained delivery of KRW 10 million from the victim D on March 25, 2015, KRW 25 million on April 24, 2015, and KRW 10 million from the victim C on March 31, 2015.

2. 피고인은 2015. 8. 21. 경 충남 천안시 서 북구 두정동 645 CJ 프 라자 502호 주식회사 프라임 네트 웍스 사무실에서 피고인의 친구인 피해자 E에게 “ 내가 현재 사업을 확장 중인데 사업자금이 부족하다.

D. The principal will be repaid within one year and the profits will be paid to the company's dividends if D. P. P. L. loans to D. will be given.

The phrase “ makes a false statement.”

However, the defendant was expected to use the money borrowed by the victim for personal purposes, such as personal debt repayment, female-friendly living expenses, etc.

Nevertheless, the Defendant received from the injured party the delivery of KRW 7.4 million on August 21, 2015, KRW 6 million on August 22, 2015, and KRW 13.4 million on August 22, 2015.

3. The Defendant’s place on November 7, 2015 at an insular place.

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