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(영문) 서울중앙지방법원 2014.01.24 2013고단7795
사기
Text

A defendant shall be punished by imprisonment for not less than eight 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

1. On April 9, 2009, the Defendant’s sole criminal defendant stated that “D cafeteria operated by the Defendant in the territory of Cheongju-si, a Cheongju-si, would lend money to the victim E to the victim E, which is 6.5 million won as there is a need for money to set off, and be repaid without a mold for eight months later.”

However, at the time, the Defendant was aware of the fact that F was unable to repay the above money for the purpose of paying the interest on bonds with a large amount of bonds, and the Defendant did not have any intention or ability to pay the above money on behalf of F.

The Defendant, as such, by deceiving the victim, received KRW 6.5 million from the victim, that is, from the victim’s seat, and received KRW 21.5 million from the time of the occurrence to October 10, 2009, as shown in Appendix I, the Defendant received KRW 21.5 million in total from the victim on seven occasions, such as the entry in Appendix I.

Accordingly, the defendant was given property by deceiving the victim.

2. The Defendant, in relation to G, was unable to repay the money from the victim E, and was willing to use G as the borrower, and the Defendant borrowed money from the victim as a joint guarantor, with the Defendant as a joint guarantor, to divide it into two occasions.

According to the above public offering, the Defendant and G made a false statement to the effect that “A Do restaurant” in the Cheongju-si, a substantial part of the Cheongju-si, which is located in the Cheongju-si, means that “A Do, an infant, is a restaurant, does not perform knee-knee-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne

However, even if the defendant and G borrowed money from the victim, it was thought that some of them would be used to prevent the defendant from returning the interest on the existing bonds, and the defendant and G did not have any specific property.

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