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(영문) 수원지방법원 안양지원 2016.10.11 2015고단2038
사기등
Text

A person shall be punished by imprisonment with prison labor for not less than six months and by imprisonment for not more than six months for a crime of No. 2 of the judgment.

Reasons

Punishment of the crime

[Criminal Power] On December 13, 2013, the Defendant was sentenced to a suspended sentence of one year for fraud at the Seoul Central District Court, and the said judgment became final and conclusive on December 21, 2013.

【Criminal Facts】

1. Fraud;

A. At the time of early June 2013, the Defendant: (a) lent the cafeteria operating fund of KRW 30 million to the victim F in a cafeteria located in Jongno-gu Seoul, Jongno-gu, Seoul, where the Defendant was in operation; and (b) said that, at any time, the principal would return to her six months if her her her fling.

However, in fact, the Defendant did not have any economic condition such as the amount of delinquent local taxes in excess of KRW 30 million and the amount of delinquent local taxes in excess of KRW 33 million. Moreover, the Defendant was not prosecuted with the Seoul Central District Court on May 20, 2013 and was pending trial on May 20, 2013, and there was no intention or ability to pay the principal and interest on the said loan as promised to the Defendant.

On June 7, 2013, the Defendant received from the victim the delivery of KRW 10 million to the account in the name of G, a parent of the Defendant, KRW 10 million to the same account on June 12, 2013, KRW 10 million to the same account on June 13, 2013, and KRW 10 million to the same account on June 13, 2013.

Accordingly, the defendant was delivered KRW 30 million by deceiving the victim.

B. On July 2013, 2013, the Defendant said that the interest would be added to the victim if he/she lends additional KRW 20 million to the victim at the restaurant specified in the above paragraph (a).

However, at the time of fact, the defendant above A.

As described in the subsection, there was no intention or ability to repay the principal and interest of the above loan as agreed to by the victim.

On July 3, 2013, the Defendant received delivery of KRW 10 million from the victim to the account in the name of the former G on July 3, 2013, and KRW 10 million to the same account on July 5, 2013.

Accordingly, the defendant was delivered KRW 20 million by deceiving the victim.

C. On August 2013, the Defendant would add interest to the victim’s additional KRW 30 million to the restaurant specified in the above paragraph (a) at the early police officer.

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