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(영문) 대전지방법원 2018.08.09 2018고단1828
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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 February 8, 2014, the Defendant: (a) at a cafeteria located in Daejeon Sung-gu Daejeon, Daejeon, the victim D is well sings operated by the Defendant.

In order to operate a singing room, if money is short of 10 million won, it shall be calculated as three copies per month, and the amount of principal and interest shall be calculated as the profit of singing room, and the amount of principal and interest shall be divided into 1,200,000 won every ten days and repaid without money.”

However, in fact, the above E was owned by F and G and engaged in a business partnership with the Defendant only, but the Defendant did not have any right to property rights related to the above singing, such as lease deposit and premium, and on the other hand, there was no particular property other than the income from the singing business, while the said singing is under circumstances where the said singing cannot be properly operated and operated without receiving any additional money from G, etc., and thus, there was no intention or ability to repay the said money even if the Defendant borrowed money from the victim.

Nevertheless, the defendant deceivings the victim as above and was delivered 8.8 million won after deducting 1.2 million won of the principal from the victim, that is, once interest and the principal from the victim.

2. On March 13, 2014, at a restaurant where it is impossible to know the trade name in the Seongbuk-gu, Daejeon Sung-gu, Daejeon, the Defendant loaned KRW 20 million to the said victim’s “I wish to repair a singing room and make a business bigly. If I borrowed KRW 20 million, I would have to pay KRW 10,000,000,000,000,000,000,000 won and KRW 2.6,000,000,000 per 10,000 per month.

“The phrase “ was false.”

However, as described in the above Paragraph 1, there was no way to borrow money from others without paying money to others, as there was no particular property other than the income from singing, and due to the continuing winners of singing rooms, G was still granted KRW 20 million from February 26, 2014 to April 4, 2014.

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