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(영문) 제주지방법원 2015.12.16 2015고단1388
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. Around March 15, 2008, the Defendant stated, “A” operated by the Defendant in Jeju-si, that “A” to the victim E, who had been a customer at the same time, would pay a security deposit, and if he/she borrowed money, he/she would make a full payment by January 15, 2009.”

However, in fact, the Defendant was at the time liable for personal debts of KRW 10 million, and since the said employees of the said danran bar retired from work and it was difficult to operate the said danran bar, there was no intention or ability to repay the said amount as agreed even if he borrowed money from the victim.

Nevertheless, the defendant deceivings the victim as above and acquired the victim's 10 million won on the same day after receiving it from the victim.

2. On April 6, 2008, the Defendant stated that the Defendant “if it is necessary to pay money in operating a danran bar, and if it is additionally lent KRW 2 million to the said victim, it shall be repaid until May 15, 2008.”

However, the Defendant did not have any intent or ability to repay according to the promise even if he borrowed money from the victim as above.

Nevertheless, the defendant deceivings the victim as above and acquired 2 million won from the victim on the same day.

3. On May 9, 2008, the Defendant stated that the Defendant “if it is necessary to pay money in operating the danran bar, it shall be repaid until May 15, 2008, if it additionally lends KRW 3 million to the said victim.”

However, the Defendant did not have any intent or ability to repay according to the promise even if he borrowed money from the victim as above.

Nevertheless, the defendant deceivings the victim as above and acquired 3 million won from the victim on the same day.

Accordingly, the defendant acquired the total amount of KRW 15 million from the victim three times in total.

Summary of Evidence

1. Defendant's legal statement;

1. E’s complaint 1.

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