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(영문) 창원지방법원 통영지원 2016.04.28 2014고단768
사기
Text

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

Reasons

Punishment of the crime

1. The Defendant committed a crime against the victim B, who was operated at the time of around February 2012.

C A restaurant (D frequency) was unable to receive taxes around April of the same year, and the said security deposit also was unable to be returned due to the deduction of the monthly rent, etc., and was thought to use the money borrowed from the injured party as a bond interest, etc., so even if the money was borrowed from the injured party, there was no intention or ability to pay the money.

Nevertheless, the Defendant:

A. On February 28, 2012, the victim would borrow funds necessary to open a new restaurant at a non-permanent location, and will receive a refund of taxes from C cafeteria (D frequency) operated as of April 2012 from the victim.

“Along with the false representation, it shall receive from the injured party the remittance of KRW 13 million on the same day to the account under the name of the Defendant’s spouse, from the injured party as the borrowed money;

(b) The same year;

3. 31. 31. The victim shall be paid the interest of the bank on the loan of a new remodeling fund to the victim at an influence place, and shall be repaid up to one year after the payment.

“Along with a false representation, it shall receive from the injured party a remittance of KRW 20 million on the same day to the account under the name of the said E as the borrowed money;

(c) The same year;

4. G frequency (H frequency) located in F at the Seocho-si Poman G frequency (H frequency) to lend funds to the victim to open a new restaurant and purchase a sense of frequency to the victim, with the foregoing borrowed money of KRW 20 million to the victim up to one year.

‘Falsely speaking, it received 110,000 won in cash from the damaged person as the borrowed money and acquired it by fraud.

2. The Defendant, who committed a crime against the victim I, seeks to assist the victim to borrow KRW 150 million from the victim’s face-to-face (H frequency) in G frequencybook (H frequency) located at around April 2012.

“The phrase “ was false.”

However, the defendant had no intention to help the victim borrow money from B, and the victim again borrowed money from B.

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