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(영문) 대전지방법원 서산지원 2013.10.04 2012고단1121
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. Around July 2, 2010, the criminal defendant against the victim E told the victim E at the “G” restaurant operated by the defendant in the Seocho-si F, Seosan-si to the effect that “I will pay the principal without compensation as well as interest if I would urgently lend five million won to the victim E.”

However, at the time of fact, the Defendant borrowed KRW 100 million from the above restaurant as collateral and supplied the money from H, and did not pay KRW 35 million. Although monthly income was paid, there was no intention or ability to repay the money borrowed from another person who was able to use the interest and the cost of care, and there was no other property to lend money.

Accordingly, the Defendant, as such, by deceiving the victim as such, received a total of KRW 30 million from the victim on three occasions, as shown in the list of crimes attached hereto.

2. Around October 7, 2010, the criminal defendant against the victim I told the victim I to the above restaurant that “I shall pay the victim a full payment without a mold, if I lend the money to the victim I urgently.”

However, at the time of fact, the defendant did not have any intention or ability to repay the borrowed money to another person as provided in the above paragraph (1).

Accordingly, the Defendant, as such, by deceiving the victim as such, received a total of KRW 34 million from the victim as stated in the list of crimes in attached Form 1.

3. Around June 15, 2011, the Defendant against the victim J told the victim J to the said restaurant that “Around June 15, 201, the Defendant would repay money without a mold if he/she lends money of KRW 13 million to the victim J.”

However, at the time of fact, the defendant did not have any intention or ability to repay the borrowed money to another person as provided in the above paragraph (1).

Accordingly, the defendant deceiving the victim as such, and is written in the annexed list of crimes from the victim.

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