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(영문) 서울동부지방법원 2017.04.20 2016고단2720
사기
Text

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

Reasons

Punishment of the crime

1. Around September 15, 2011, the Defendant issued a false statement to the victim E that “A” is a “D” restaurant operated by the Defendant in Dongdaemun-gu Seoul Metropolitan Government, stating that the victim E would be repaid with a charge of operating a restaurant amounting to KRW 10 million.

However, in fact, the Defendant had been liable for KRW 100 million in bad credit standing at the time, and the deposited money of the restaurant operated did not have any specific property from Defendant F, who was the chair of the Defendant. Since the Defendant was willing to use the loan in repayment of the existing obligation, there was no intention or ability to repay the loan even if he borrowed money from the said victim.

Nevertheless, the defendant deceivings the above victim as above, and he obtained the above victim's 10 million won from the above victim as a loan.

2. On June 13, 2012, the Defendant, at the same place as indicated in the foregoing paragraph (1) around June 13, 2012, concluded that “Around the same day, the Defendant would lend a restaurant operating fee of KRW 13 million to G (H before the opening of the name) with a false statement to the victim G (hereinafter referred to as E, who is his/her assistant, and would repay the restaurant more than three months after the loan of KRW 13 million,” and that “A repayment shall be made one month after the loan of KRW 20 million on the 28th day of the same month.”

However, in fact, the Defendant had been liable for KRW 100 million in bad credit standing at the time, and the deposited money of the restaurant operated did not have any specific property from Defendant F, who was the chair of the Defendant. Since the Defendant was willing to use the loan in repayment of the existing obligation, there was no intention or ability to repay the loan even if he borrowed money from the said victim.

Nevertheless, the Defendant, as seen above, by deceiving the above victim and deceiving it from the above victim, acquired the above victim under the name of the loan amounting to KRW 13 million around June 13, 2012, and KRW 20 million around the 28th day of the same month, from the bank account of the defendant, who was the dynamics of the defendant used by the above victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including the E, G, and F's statement);

1. Civil Judgment 1.

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