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(영문) 청주지방법원 충주지원 2017.08.11 2017고단58
사기
Text

A defendant shall be punished by imprisonment for six 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 around 2010 to around 2015, the Defendant operated a cafeteria with the trade name “D” in the Chungcheongbuk-gun C Group from around five years to around five years. At the time of operating the said cafeteria, the Defendant did not have any particular income due to the business negligence at the time of operating the said cafeteria, and even if the Defendant borrowed money from others due to the fact that many debts exist and most of the operating profits, etc. are consumed by the repayment of loans, the Defendant did not have any intent or ability to complete the payment.

1. On September 29, 2014, the Defendant, at the above restaurant located in Chungcheong-gun C, Chungcheong-gun C, stating that “If the Defendant borrowed money from the victim E to transfer the restaurant, he/she would have to repay the money without molding it.” However, at the time of fact, the Defendant intended to use the money from the victim to repay his/her obligation, and there was no intention or ability to use the money before the restaurant.

The Defendant received KRW 10 million from the injured party’s account in the name of the Defendant on the same day, and received KRW 5 million from the injured party to the said account on December 4, 2014; KRW 17.5 million on December 23, 2014; and KRW 17.5 million on February 3, 2015.

2. On April 8, 2015, the Defendant, at the above restaurant (around January 5, 2015, the above restaurant was transferred) located in Chungcheongnam-gun Dong-dong G, Chungcheongnam-gu, Chungcheongnam-gu, (around January 5, 2015, the Defendant: (b) provided the victim H with the false statement that “around six months after lending KRW 10 million to the said restaurant; and (c) he/she would pay money without money.” However, the Defendant had already been liable to multiple creditors, such as E, as described in paragraph (1); and (d) the Defendant had no intent or ability to pay money even if he/she borrows money from the victim, such as lending money to the majority of the victims as security.

The defendant was given 10 million won from his seat to the injured party.

Accordingly, the defendant was informed of the victims to receive property.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. E, .

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