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(영문) 서울북부지방법원 2013.10.31 2013고정1457
사기등
Text

Defendant shall be punished by a fine of three million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

1. From August 2010 to November 2012, the Defendant was running with the trade name “D” in Gwangjin-gu Seoul Special Metropolitan City from around August 2010 to around November 201, and the advertising company, which had been operated with the former husband, was registered as a bad credit holder from around 2010, and was given a loan of KRW 12 million from the second financial right to operate the said main point, and the credit amount was extended to KRW 15 million, and the amount of monthly sales at the said main point was merely KRW 1.5 million. Thus, even if the Defendant borrowed money from the victim E, the Defendant did not have the intent or ability to repay the money, and even if the Plaintiff was paid the money from the lessor by selling the said sales, there was no intention or ability to repay the money to the victim, since the payment was not possible for the remaining victim.

On February 28, 2011, the Defendant stated that “No money shall be paid to the victim to send children to the dormitory. It is necessary at the dormitory cost, and if the Defendant borrowed KRW 2 million at the dormitory, it will be repaid later.”

The Defendant, by deceiving the victim as above, received KRW 2 million from the victim to the new bank account (G) in the name of the Defendant F around that time.

B. On November 16, 201, the Defendant was above the Defendant.

At the same place as in the same paragraph, the victim made a false statement to the effect that “I would not have made a payment, I would not pay any money to operate the store, and there is no living expenses. I would have to pay money after the month when I lent money.”

The Defendant, by deceiving the victim as above, received KRW 5 million from the victim to the new bank account (G) in the name of the Defendant F around that time.

C. The Defendant was above on April 1, 2012.

It is very difficult to manage the victim at the same place as the victim in the case of "the operation of the store".

The sales should not be caused by sales, so it is reasonable to cause sales.

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