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(영문) 서울서부지방법원 2015.03.31 2015고단242
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that 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

1. Around November 4, 2008, the Defendant against the victim B was entitled to KRW 6 million in the guidance room operated by the victim B, which was operated by the Defendant on the same day, around the same day, around November 4, 2008, the Defendant loaned KRW 6 million to the victim who was being paid KRW 6 million in the guidance room operated by the Defendant on the same day. As the amount of the guidance is needed to pay to other members of the community, the Defendant borrowed KRW 6 million in the guidance that should be paid to the other members of the community. Accordingly, the Defendant would pay the interest and make a full payment. “A false statement to the effect.”

However, in fact, the Defendant was in the state of a restaurant operated by the Defendant, received food materials, etc. on credit and operated the restaurant, and there was no intention or ability to repay the loan even if the Defendant borrowed money from the victim because the Defendant was in a situation where the Defendant was operating the restaurant in excess of the obligation in arrears.

As above, the Defendant, by deceiving the victim as above, borrowed 6 million won from the victim to be paid to the victim and exempted him from his obligation to pay it, thereby obtaining pecuniary profits equivalent to the same amount, and acquired the victim’s total sum of 16,911,700 won from around that time to July 11, 2009 as stated in the attached crime sight table paragraphs (1) through (3).

2. Around June 4, 2009, the criminal defendant against the victim D, on the same day, at the restaurant operated by the defendant in Sinpo City C, the defendant paid KRW 6 million from the fraternity operated by the defendant on the same day, to the victim D, who was being paid KRW 6 million. As there was an urgent use of the fraternity, the defendant borrowed KRW 6 million from the victim D. Accordingly, he/she will use it only once a month and make a full payment. "The purpose is to make a false statement."

However, in fact, the defendant was in the state of a restaurant operated by the defendant, was supplied food materials, etc. on credit and operated a restaurant, and the monthly rent of the restaurant is delinquent.

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