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(영문) 서울중앙지방법원 2012.11.02 2012고단5256
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The defendant is a person who worked as an entertainment drinking house in Gangnam-do.

1. On April 22, 2005, the Defendant: (a) around 22, 2005, issued a KRW 15 million from the victim D to the victim D, “If his parents borrowed 15 million, their parents need to make a traffic accident, they will make reimbursement after one month”; and (b) around that time, the Defendant received a delivery from the said victim.

However, even if the defendant borrows money from another person, he did not have the intention or ability to complete the payment.

Accordingly, the defendant deceivingd the victim D, thereby deceiving 15 million won.

2. On July 2005, the Defendant issued KRW 36 million from the said victim around that time, to the effect that “I wish to operate an entertainment tavern in the future, and I wish to repay money after 3-4 days of the shortage of down payment,” at the Gangnam-gu Seoul E entertainment tavern victim F of the said entertainment tavern.”

In addition, on November 2005, the Defendant urged the above victim to repay the above borrowed money in Samsung-dong, Gangnam-gu, Seoul, Samsungdong-gu, Seoul, to the effect that “the said victim is late to take over entertainment taverns with her mother and child, and it is possible to repay 30,000 won immediately if she gains money.” It received KRW 30,000 from the said victim around that time.

However, the facts revealed that the Defendant was only liable and did not have the ability to repay the borrowed amount because of the absence of other assets, and around September 2005, the Defendant received advance payment from several entertainment establishments located in the territory of G around that time, and had been in the state of mind to escape with the Philippines after having been able to escape. In fact, around November 16, 2005, the Defendant escaped from the Philippines, and there was no intention to repay the said amount even if he borrowed money from the said victim.

Accordingly, the defendant deceivings the victim F to acquire 66 million won in total.

3. The Defendant shall operate the Victim I in Gangnam-gu Seoul H on August 2005.

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