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(영문) 수원지방법원 2017.09.22 2017고단1399
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

1. On July 2012, the Defendant is working as an employee of the said restaurant at the “D” restaurant operated by the victim C in Sungsung-si, the Defendant: “Around July 2012, the Defendant wishes to lend money to the victim that he/she had become aware of. If he/she lends money, 2% interest per month shall be paid, and the principal shall be paid.

The phrase “ makes a false statement.”

However, the Defendant, at the time, was liable for the amount of KRW 60 million, and the monthly income of KRW 1.8 million was insufficient to cover the interest and living expenses on the above obligation in the absence of any special property, and thus, there was no intention or ability to pay such amount normally even if he borrowed money from the injured party.

As such, the Defendant, by deceiving the victim, was given three million won from the victim, who was in his seat.

2. On December 15, 2012, the Defendant: (a) at the place specified in paragraph (1) around December 15, 2012, the Defendant: (b) leased KRW 10 million to the victim C, “E with the payment of KRW 5 million in cash; and (c) with the need to pay KRW 5 million in the purchase cost of the new ditch; (d) with the payment of interest at KRW 2% per month on August 2013.

The phrase “ makes a false statement.”

However, as described in paragraph 1, the Defendant was liable for the amount of KRW 60 million at the time, and the monthly income of KRW 180,000 per month without any special property was insufficient to cover the interest and living expenses for the above obligation. Since the monthly payment of the fraternity that was admitted at the time was not properly paid, there was no intention or ability to pay the amount normally even if the Defendant borrowed money from the injured party.

The Defendant, by deceiving the victim as such, was transferred KRW 10 million to the Saemaul Treasury account in the name of the Defendant F on the same day from the victim.

Accordingly, the defendant deceivings the victim and belongs to it.

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