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(영문) 서울북부지방법원 2014.10.30 2014고단1343
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

From around 2002 to July 2010, the Defendant went to E tourr in the 6-7th floor of the D Building in Jung-gu Seoul, Jung-gu, Seoul, retired from the above tourr and operated a coffee shop around August 2010.

The Defendant borrowed KRW 15-180,000,000,000,000 around October 14, 2008, around June 15, 2009, and KRW 24 million around June 24, 2009, from the Victim F (E/S retirement on February 201, 201), from E/WF (E/S) for the interest of KRW 15-180,00,000,00,000,000,000 from E/W, and continued to borrow money from such woman on August 31, 2009.

1. The Defendant: (a) around September 2009, he did not have any import other than the monthly pay of KRW 1,720,000; (b) he used all monthly living expenses, etc.; and (c) he was scheduled to use the Defendant’s hospital care expenses, living expenses, etc. other than the victim F for any other purpose; (b) even if he borrowed money from the victim F, he did not have the intent or ability to pay it as agreed upon; (c) on September 29, 2009, the Defendant was willing to use it for any other purpose, such as the Defendant’s hospital care expenses, living expenses, etc.; and (d) even if he/she borrowed money from the victim F, he/she did not have the intent or ability to pay it as agreed upon, and (d) on September 29, 2009, he/she was required to use it for opening the house with the victim’s house located in Gwangju-si G with the interest of KRW 30 million,0000,000,00.

2. The Defendant: (a) at around July 2010, at the time of leaving the E tourr, did not have any particular property other than the retirement allowance of KRW 15 million; (b) the said retirement allowance also was invested into the catr shop (hereinafter “H”); (c) not only was the remainder of the opening fund of KRW 80,000,000,000, excluding the said retirement allowance, to the extent that it should be loaned from the victim, etc.; and (d) there was no guarantee that the said operation of the said coffee shop would contribute to a successful profit.

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