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(영문) 서울남부지방법원 2019.08.30 2019고단2753
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

[Criminal Power] On November 24, 2016, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Seoul Southern District Court, and the said judgment became final and conclusive on July 21, 2018.

【Criminal Facts】

(State) The defendant is a person who actually operates B.

1. On October 19, 2016, the Defendant stated that “Around October 19, 2016, the Defendant would make payment to the victim of the E-cafeteria operated by the victim D, the second underground of the Seoul Jung-gu Seoul Jung-gu, stating that “If foreign tourists living in Korea have a meal at the above cafeteria, the Defendant would make the victim settle the price without molding at the end of each month.”

However, in fact, the defendant continued to pay money to the business method that attracts travelers, and the obligation has been accumulated, and there was no intention or ability to pay the money to the tourists at the end of each month, even if there was no particular income or property, even if the victim received the money from the traveler, and there was no intention or ability to pay the money to the tourists at the end of each month.

Nevertheless, the Defendant: (a) by deceiving the victim as such, received meals of 19 foreign tourists with a total of KRW 104,500,000 from the victim immediately; and (b) obtained the same amount of pecuniary benefits from the said amount after being provided with meals of KRW 9,290,50,500 as stated in the attached crime list from April 22, 2017.

2. On March 31, 2017, the Defendant concluded that “A victim, within G cafeteria located in F in Jung-gu Seoul Metropolitan Government, “I will have a member of the Thailand who would be paid a full payment without molding within one month, as I first need to receive a member of the organization of Thailand, and if I lend 6 million won as I want to pay a full payment.”

However, the defendant did not have the intent or ability to repay the debt to the victim even if he did not receive the money from the victim because there was no particular revenue or property due to the business method which attracts the travelr to pay the money.

Nevertheless, it is not appropriate.

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