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(영문) 서울북부지방법원 2017.12.08 2017고단2458
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

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

Reasons

Punishment of the crime

1. On June 13, 2012, the Defendant who committed the crime against the victim C is obliged to pay the victim C money in the “E cafeteria located in Dongdaemun-gu Seoul Metropolitan Government D” on the part of the victim C, with the loan of KRW 10 million.

“.....”

However, the defendant was operated at the time of fact

There was almost no profit in the house, and the debt was approximately KRW 200 million, and around KRW 10 million was paid in one month of the interest on bonds, so there was no intention or ability to repay the money borrowed to the victim.

Nevertheless, the Defendant received from the injured party a delivery of KRW 10 million to the Korean bank FF account in the name of the Defendant on the same day.

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

2. Crimes against victims G;

A. On June 2012, the Defendant: (a) around the end of June 2012, at the “E cafeteria” as set forth in paragraph (1) around the end of June 2012, the Defendant is obliged to pay the victim G with the money; (b) 15 months after lending the money.

“.....”

However, in fact, the defendant was in difficult circumstances, such as the statement in Paragraph 1, and the defendant was not able to receive the time limit money due to the failure to pay the money properly, and there was no intention or ability to pay the money borrowed to the victim.

Nevertheless, on July 2, 2012, the Defendant received KRW 5 million from the injured party to the Korean bank F account under the name of the Defendant on July 2, 2012, and KRW 10 million from the said account on July 3, 2012, respectively. On July 3, 2012, the Defendant directly received KRW 5 million from the injured party in the said “E restaurant.”

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

B. On July 15, 2012, the Defendant of the crime committed around July 15, 2012, from “E cafeteria” as indicated in paragraph (1) around July 15, 2012 to “5 million won” to the victim G. It is intended to refund the time limit money after 15 months.

“.....”

However, in fact, the defendant was in difficult circumstances, such as the statement in paragraph 1, and the guidance was properly made.

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