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(영문) 의정부지방법원 2016.06.10 2015고단3536
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

1. On July 27, 2014, the Defendant against the victim C (1954 students) made a false statement to the victim’s home with D Housing No. 1 and 202 at Yangyang-si, that “In order to operate the E amusement store, F shall make a premium and obtain a business registration certificate and a business registration certificate, if he/she lends KRW 7 million to F, he/she shall make a payment within four hours, and F shall receive a business registration certificate and a business license, and he/she shall receive a new business registration certificate and a business license in the tax office with the F, and shall receive a new business registration and business license in his/her name and receive a new business registration and make a security for four hours at the tax office.”

However, even if the Defendant received money from the injured party, he/she thought that he/she will use a card obligation, other than the premium, as well as a security deposit, etc., and all of the revenue was under circumstances, and he/she at the time entered into the repayment of his/her obligation, and he/she was under the so-called "the repayment of a large amount of obligation" due to his/her obligation exceeding KRW 60 million to G, including KRW 60 million and KRW 20 million, and he/she did not have any intent and ability to repay his/her money within the agreed period.

Accordingly, the Defendant, as seen above, was accused of the victim and received 7 million won from the damaged party.

2. On August 2, 2014, the Defendant, against the victim I (1958 Life), lent money to the victim I (1958 life) at the victim’s house located in J apartment No. 204 Dong-dong 1403, Namyang-si, Namyang-si, “on the part of F with money lent to F in any other place in order to offer the premium, and on the part of F to lend KRW 10 million, he has repaid the money.

A false statement was made to the effect that the sum totaling KRW 17 million, including KRW 7 million, will be paid all the proceeds that enter the passbook until full payment is made.

However, even if the Defendant borrowed money from the injured party, the Defendant did not have the intent and ability to pay the money within the agreed time limit due to the circumstances such as the above 1, and did not have the intent and ability to pay the proceeds from the operation of the E amusement store.

This is the defendant.

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