(영문) 서울중앙지방법원 2020.05.20 2019고정2368

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(영문) 서울중앙지방법원 2020.05.20 2019고정2368

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Defendant shall be punished by a fine of KRW 400,000.

Where the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

1. On December 14, 2018, the Defendant made a false statement to the Seoul Gwanak-gu Seoul Special Metropolitan City, stating that “The Defendant would pay KRW 1,200,000 to the victim B (n, 82 years of age) within six weeks if he/she had a good multi-level investment, but he/she loans KRW 1,00,000,000,000,000 to six weeks.”

However, even if the defendant received money from the victim under the above name, he did not have the intention or ability to pay it.

Nevertheless, the Defendant received 90,000 won in cash after deducting 100,000 won as a prior interest from the victim on the same day.

2. Around December 21, 2018, the Defendant stated that “I will see that I will see that I will see that I will see the Defendant’s “I will see that I will see the Defendant,” and that “I will pay 1 million won per week, and 3,50,000 won per week.” Of these, I would like to pay 20,000 won in advance and pay 1,50,000 won if I will pay 1.5 million won in advance.”

However, the defendant did not have any intention or ability to pay the time limit money, such as the explanation, even though he received the money from the victim as a guidance payment.

Nevertheless, the Defendant received a total of KRW 200,000,000 in cash from the victim twice as a cash deposit at around that time.

3. On January 11, 2019, the Defendant made a false statement that “In a restaurant with no knowledge of the trade name in the underground space of a building near the entrance Seoul Metropolitan Area No. 4 of the subway Station, Seoul Special Metropolitan City, the Defendant would first borrow the victim’s money and then calculate all the amount of money that he/she has not repaid and paid with the amount that he/she has not repaid.”

However, even if the defendant received money from the victim, he did not have the intention or ability to repay it.

Nevertheless, there is a need to do so.

유사 판례

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-광주지방법원 해남지원 2015.06.11 2013고단272

-서울중앙지방법원 2013.04.30 2012고단7004