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(영문) 창원지방법원 통영지원 2014.01.15 2013고단835
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

The Defendant worked together with the Victim C and (State)D and became aware of his work, and operated a restaurant with the name of “E” in Daegu from June 2010 to June 15, 2010, and actually discontinued the business since the end of 2010, and reported the closure of the business on February 15, 2011.

1. Around December 2010, the Defendant, who actually closed his/her business, discontinued the above E, stated that “The Defendant was a friendship F in Daegu, while he/she was well aware of a funeral in the macroscopic system, and in the macroscopic system, he/she would be well aware of a restaurant, and if he/she intends to operate the restaurant with F, he/she would be well aware of a restaurant with F, and if he/she borrowed money of KRW 20 million with F, he/she would be used as operating expenses for the restaurant, and he/she would complete payment in full within two years, including monthly interest.”

However, at that time, the Defendant sent money to G as a child’s living expenses or consolation money, and the registration of a business operator was intended to operate a restaurant in the form of receiving profits from the H account rather than the Defendant’s own management, rather than the Defendant’s name. Since the consolation money, etc. to be paid to G is a mother-and-child loan, the Defendant did not have the intent or ability to pay 100,000 won per month as if he promised to borrow money from the victim, and some of the money borrowed in the name of restaurant operating expenses was to be paid to G.

Nevertheless, the Defendant deceivings the victim as if he had not explained that he will send part of the money to G, and he had paid one million won per month, and then, he has transferred the money to the victim at around December 24, 2010, KRW 6 million, KRW 600,000,000, KRW 1 million, and KRW 1 million each over three times from February 26, 201, and around February 9, 201, the Defendant was installed in the vicinity of the office of mutual infinite real estate located in the Dongcheon-dong, Daegu-gu, North-gu, Seoul, and KRW 8,000,000.

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