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(영문) 서울중앙지방법원 2016.10.26 2015고단6846
사기
Text

Defendant

A Imprisonment with prison labor for a crime of No. 2 in the judgment of the court below for eight months, and Defendant B for a crime of No. 2 in the judgment of the court below.

Reasons

Punishment of the crime

1. Defendant A's crime (hereinafter referred to as "2015 Highest 6846");

A. On October 2014, the Defendant made a false statement to the victim F, who was aware of the fact that he had been engaged in money transactions with the victim F, stating that “If he had experience in operating an adult amusement room, but he/she had a lot of adult amusement room, he/she would have attempted to do so. If he/she lends money to B, he/she would have no capital, he/she will open an amusement room and make a payment in favor of him/her.”

However, in fact, the Defendant, who borrowed money from the above F, was insufficient to operate the entertainment room for opening and operating the business, and was thought to use other debts, etc. even if he borrowed money from the above F without any special property or income, even if he borrowed money from the above F, so there was no intention to operate the entertainment room normally and to pay the borrowed money with such income, etc.

The Defendant, as such, transferred the F to the Japanese bank account in the name of the Defendant’s father and female, totaling KRW 60 million on three occasions, including KRW 15 million around the 21st day of the same month, KRW 30 million around the 10th day of the same month, KRW 15 million around the 10th day of the same month, and KRW 15 million around November 5 of the same year.

In this respect, the defendant deceivings the victim F and acquired 60 million won as the borrowed money.

B. Around December 2014, the Defendant established an “I Co., Ltd.” and made a false statement to the victim G, the same H, etc., through J, K, etc., stating that “I Co., Ltd. operates a entertainment room in Gyeonggi-do, and if I Co., Ltd. invests money, 40,000 won per one million won per day shall be paid in 30,000 won per day.”

However, as seen in the above paragraph (a), the Defendant was unable to properly operate the entertainment room opened in Yeongdeungpopool because of the lack of funds as seen in the above paragraph, and was thought to prevent the victims from returning the invested money to other investors, and thus, the entertainment room is normal.

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