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(영문) 서울중앙지방법원 2018.12.13 2018고단3415
사기
Text

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

Reasons

Punishment of the crime

1. On January 6, 2014, the Defendant committed the crime on or around January 5, 2014, in the mutual influent car page located in the Gi-si, Gi-si, Chungcheongnam-do, Gyeonggi-do, to the victim B “on the ground that the cash flow of the amusement business operated by the Defendant was prevented, it shall be repaid within three to six months, and the annual interest shall be paid at 36%.

“.....”

However, in fact, since the entertainment points in the operation of the defendant did not normally pay rent, employee monthly pay, liquor payment, etc. in the state of enemy status equivalent to KRW 300 to 40 million each month, the defendant did not have the intent or ability to pay the principal to the victim or to pay the profits, even if the defendant borrowed the money from the injured party.

On January 6, 2014, the Defendant received KRW 20 million from the damaged party under the name of the Defendant from the KEB bank account (C) in the name of the Defendant.

2. On August 7, 2015, around August 7, 2015, the Defendant committed the crime was insufficient acquisition funds to take over and operate an entertainment store with the value of at least five to six hundred million won in the office of managing victims in Seocho-gu Seoul Metropolitan Government D Building.

If the money is loaned more, it will be repaid within 4-5 months and the annual interest shall be paid at 36% of the profits of the party.

“.....”

However, even if the defendant borrowed money from the injured party on the same ground as the statement in Paragraph 1, he did not have the intent or ability to pay the principal to the injured party or to pay the profits.

On August 7, 2015, the Defendant was transferred KRW 10 million from the damaged party to the account in the EEB bank account (F) in the de facto marital relationship with the Defendant.

3. On October 8, 2015, the Defendant committed a crime on or around October 8, 2015, there is a lack of a security deposit for the Defendant to provide the victim with the “on the part of the Defendant to acquire and operate amusement points in the inside of the police station.”

The deposit amount of KRW 50 million shall be repaid within six months and the annual interest shall be paid at 36% per annum.

(b) acceptance.

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