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(영문) 서울중앙지방법원 2016.12.14 2016고단6300
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. Around July 29, 2014, the Defendant committed the crime against the victim B made a false statement to the effect that, at the D office operated by the victim B in Dobong-gu Seoul Metropolitan Government C and 2, the victim’s employees “shall work at the F entertainment tavern in the south of Korea, and the customer shall pay his/her credit to him/her in advance, and the customer shall pay his/her credit to him/her within two months if he/she borrowed only KRW 2 million.”

However, at the time of fact, there was no guest who had been on credit with an entertainment drinking club that the defendant worked, and the defendant did not have any intent or ability to repay the money with the money received from the victim, and even if he borrowed money from the victim because he had not been repaid with money in many places, he did not have any intention or ability to repay the money.

The defendant, in other words, was given 2 million won in cash from E in the same year from that time.

8. Until December 28, 200, a total of KRW 14 million was delivered three times as shown in the annexed list of crimes.

In this respect, the defendant by deceiving E and receiving property from the victim.

2. The Defendant committed the crime against the victim E at the office described in paragraph (1) around August 2014, the victim E made a false statement to the effect that “The Handphone charge was KRW 70-8 million. The Handphone charge also needs to be repaid and living expenses are required, and one million won is lent.”

However, in fact, the defendant had already failed to repay money at many places, and even if he has borrowed money from the victim, he did not have the intention or ability to pay it.

The Defendant received 100,000 won in cash from the victim on the same day as the borrowed money.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Application of Acts and subordinate statutes, such as a complaint, certified copy of notarial deed and promissory note;

1. Criminal facts;

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