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Reasons
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(영문) 서울서부지방법원 2015.04.09 2014고단3544
사기
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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On June 27, 2014, the defrauded of the Victim C made a false statement to the effect that “The victim C has a high profit-making company that is making an investment in the city, and is 80,000,000 won when making an investment.” The principal may be recovered at any time, and the principal may be recovered at any time.”

However, even if the defendant received money from the victim, he did not think that he would make an investment in another company, and was thought to be used as the funds for the operation of the golf course at the time, so there was no intention or ability to pay the profits to the victim.

Nevertheless, the Defendant, under the pretext of the borrowed money from the victim C, was the victim C with a KRW 40 million on June 27, 2013, and the same year.

9.3.16 million won, the sum of KRW 3 million on September 3, 199, and KRW 61.5 million on September 23, 2000 on the 23th of the same month was remitted to the Agricultural Cooperative Account under the name of the defendant and acquired through deception.

2. On March 5, 2014, the Defendant against the victim F made a false statement to the effect that “The victim F shall have repaid the victim F with a loan of KRW 90 million after two years, and shall have paid the victim F with an interest of KRW 4 million every month.” Moreover, the golf course run by the Defendant is a golf course with a benefit of KRW 7 million more than KRW 7 million per month and with a machine located within the golf course. The lease deposit also exceeds KRW 30 million per month, and there is no monthly rent of KRW 30 million.”

However, at the time, the Defendant had a debt equivalent to KRW 200 million, and the golf course operated by the Defendant had a deficit, and even if he borrowed money from the victim F, he did not have an intention or ability to repay the principal and the profits as a promise.

Nevertheless, the Defendant, from the victim on March 5, 2014, KRW 19 million, and the same month.

6. 19 million won, and the same month.

7. 19 million won, and the same month;

8.19 million won, October 10 of the same month.

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