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(영문) 의정부지방법원 2018.10.11 2018고단2978
사기
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 1, 2017, the Defendant was sentenced to a suspended sentence of ten months for a violation of the Narcotics Control Act at the Seoul Northern District Court (hereinafter referred to as the “Seoul Northern District Court”) and was sentenced to a suspended sentence of two years on March 28, 2018.

The Defendant, who operated the beauty art room in Seoul, with the “C” trade name, continued to operate the so-called “return prevention” financing due to financial difficulties due to the accumulation of personal debt and the debt with the 3 financial rights from around 2016, and almost remaining in the bank account due to the lack of funds, while continuing to operate the so-called “return prevention” financing due to the lack of objective financial capacity to pay money even if any more money was given, the Defendant promised the victims of the above beauty art room or the employees of the said cosmetic, and had them prepare money by lending the card, etc., and had them use his/her own financing.

Accordingly, at the second half of May 2017, the Defendant borrowed money from the victim D, a customer, as “the Defendant wishes to use violence to her husband by taking advantage of his house,” and as the money to be used is urgently needed, the Defendant borrowed money from her husband. When the Defendant borrowed money, she will pay the interest on the loan, and she will be able to receive the card loan by issuing a credit card for the business operator after the second half of the month, and then he will pay the money borrowed up until then.

“The purport was to the effect that “.....”

However, even if the Defendant borrowed the above money from the injured party, the Defendant did not have the intent or ability to repay the said money according to the promise with insufficient financial capacity.

As above, the Defendant: (a) deceiving the victim D and deceiving it from the victim D on May 17, 2017 to the Defendant’s E account on May 17, 2017; and (b) by receiving the sum of KRW 15 million on three occasions to the Defendant’s post office account on May 18, 2017 to receive and defraud it as a borrowed money respectively; and (c) and (d) six times from December 11, 2016 to June 3, 2017, as indicated in the list of crimes in the attached Table.

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