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(영문) 청주지방법원 영동지원 2017.02.16 2016고단151
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has worked in the "D Mart" operated by the victim C in Daegu Jung-gu as an employee.

1. On January 9, 2015, the Defendant borrowed 10,500,000 won from the mother who suffered from cancer to the victim “a mother needs to pay back the money with his/her work.”

“.....”

However, there was no fact that the Defendant’s mother was influent or required medical expenses. At the time, the Defendant was liable for KRW 200 million due to the failure of the business, and most of the money received from the Marart was remitted to the wife’s daily expenses, and used money as the cost of living in the surrounding area, so there was no intention or ability to pay the money properly even if the Defendant borrowed the money from the injured party.

On January 10, 2015, the Defendant received 10,500,000 won from the damaged party’s wife E account in the Defendant’s wife E.

Accordingly, the defendant was given property by deceiving the victim.

2. On November 10, 2015, the Defendant borrowed KRW 10,000,000,000, which is paid to the victim as a result of the payment of the Plaintiff’s financial rights in Egypt.

“.....”

However, the Defendant, in addition to approximately KRW 200,000,000 due to the failure of business at the time, was under demand for the change of the obligation to other employees F and G, etc., and was willing to lend the said money from the victim to other employees, and was using the said money for the cost of living in the surrounding area after remitting most of the money received from the victim as the cost of living in the wife, so there was no intention or ability to pay the money properly even if he borrowed the money from the victim.

On November 11, 2015, the Defendant received 10,000,000 won from the damaged party to the Daegu Bank Account in the above F’s name.

Accordingly, the defendant is the victim.

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