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(영문) 서울중앙지방법원 2019.06.12 2018고단5112
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On or around March 15, 1999, the Defendant: “Around the end of January 15, 1999, at the amusement room operated by the victim D of the victims of building C in Songpa-gu Seoul, Songpa-gu, Seoul, the Defendant made a false statement that “I would sell the e-mail items to the victim in Seoul E shopping center (former F) by selling the e-mail items by expanding the size of a small scale; and if I would lend KRW 200 million necessary funds before the store, I would be repaid until the end of July, 199; and I would be repaid by the victim until the end of July.” Around March 15, 1999, the Defendant was issued two copies of the 100 million won cashier’s checks from the second floor of the above shopping center’s old H bank (former I bank) at the new distribution place.

However, at the time of fact, the defendant was in excess of his debt due to business depression, and even if he borrowed money from the victim, most of the defendant thought to be used in repayment of loans, living expenses, stock investment, etc., and did not have the intention or ability to pay properly.

Accordingly, the Defendant was given a total of KRW 200 million by deceiving the victim as above.

2. On October 31, 1999, the Defendant: (a) around October 20, 1999, at the clothing store operated by the Defendant of the Seocho-gu E shopping center G of Seocho-gu Seoul Metropolitan Government, the Defendant purchased approximately KRW 26,00,00 per point and sold KRW 1.50,00 won per point when he/she held the department store’s annual event; and (b) if he/she borrowed KRW 90,000,000 necessary for the purchase of clothing, he/she would operate his/her business for three months and pay KRW 180,000,000,000,000,000 from the victim’s new bank distribution around October 31, 199, he/she was issued a KRW 9,00,000 cashier’s checks from the victim.

However, at the time of fact, the defendant did not have the intention or ability to pay the money properly even if he borrowed money from the victim due to the property and business circumstances such as the entry in the preceding paragraph.

Accordingly, the Defendant was given a total of KRW 90 million by deceiving the victim as above.

3. On or around December 5, 1999, the defrauded shall be a victim of fraud.

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