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(영문) 수원지방법원 2015.06.11 2014고단7145
사기
Text

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

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

Reasons

Punishment of the crime

From May 209, the Defendant, from around Suwon-si, changed “F” stores from around 120 to 120, and spouse D’s name, to “G” stores, while operating “F” stores from around October 201 to 119 of the above C Building E-dong (hereinafter “F stores”) and changed “F stores” stores from around September 201 to “G” stores.

On the other hand, around 2012, the Defendant owed a debt equivalent to KRW 200 million with financial rights, etc., while operating the above mountain uniforms, the operation of the “E” store was suspended on February 2, 2013, when the enemy accumulated, and the Defendant applied for individual rehabilitation around April 2013, and around May 2013, the Defendant experienced considerable economic difficulties, such as the process of withdrawing “G” or other mountain uniforms.

1. Around September 17, 2012, the Defendant committed the crime against the victim H made a false statement to the effect that, “A” the victim H would operate the “E” store in a swimming pool C, which is located in a swimming pool, and that, “G” store will operate more than one additional store. If “G” store loans money due to shortage of open costs, the Defendant would provide monthly interest of KRW 400,000 and pay the principal later.”

However, the defendant did not have the intent or ability to repay the money even if he borrowed the money from the victim because of the economic difficulties as seen above.

The Defendant, as such, received a total of KRW 78,20,000 from the victim by July 20, 2013, including by deceiving the victim and receiving KRW 23 million on the same day from the victim.

around September 17, 2012, the amount of damage caused by the temporary crime method of the crime list 1.4 million won per month to the effect that “if the G sales store lends money due to lack of open expenses, etc., 400,000 won per month, and will have paid the principal later.” The money in arrears will be paid to the 23,000,000 won around October 29, 2012.

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