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(영문) 서울남부지방법원 2012.07.18 2012고단1919
사기
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

The defendant is a person who operated a restaurant under the trade name of Yeongdeungpo-gu Seoul Metropolitan Government D.

1. On February 13, 2008, the criminal defendant against the victim E paid the victim E a monthly interest on the number of days of loan of one million won to the victim E at the above D restaurant, and paid the victim E a monthly interest on the two-month interest. If the victim talks with only two months prior to the second month, the principal will be paid immediately.

The Defendant made a false statement. However, the Defendant did not have any property at the time, and the Defendant did not have any intent or ability to repay the above money to the victim, even if he borrowed the money from another person in bad financial standing so that he/she would have repaid another person’s interest by means of a prompt repayment, etc. The monthly interest rate of KRW 150,000,000,000, in total, from around 14 times to May 3, 2011, as shown in the attached Table 1 in the following manner. Accordingly, the Defendant received property by deceiving the victim. On April 12, 2010, the Defendant provided the victim with the said D cafeteria with a false interest rate of KRW 123,70,000,000, in total, from around 200 to May 3, 2011.

However, on the ground of Paragraph 1, the defendant did not have the intention or ability to repay the above money in time even if he borrowed the above money to the victim.

The Defendant, as such, by deceiving the victim, received KRW 84,350,000 in total from around that time to November 16, 201 by the same method as indicated in the attached Table 2, from around that time, the Defendant received KRW 84,350,00 in total as the borrowed money.

Accordingly, the defendant was given property by deceiving the victim.

3. The criminal defendant against the victim G is at the above D cafeteria around April 2, 201.

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