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(영문) 수원지방법원 여주지원 2015.07.24 2015고단388
사기
Text

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

Reasons

Punishment of the crime

[2015 Jin-Ma388] The Defendant, as an employee, by taking care of an entertainment business place nationwide and by deceiving the owners of entertainment business, did not receive the prepaid money, was sentenced to acquire the said prepaid money by means of escape immediately.

1. On September 8, 2010, the Defendant made a false statement to the “E” waiting room operated by the victim D, who is in net City C, as a manager, that “If the Defendant lends KRW 4 million to the victim, he/she will continue to work at the business place in which he/she will pay monthly interest in KRW 100,000,000 and will repay all within three months.”

However, the defendant did not have the intent or ability to continue the above E years of age, or to repay the borrowed money to the victim.

Around September 9, 2010, the Defendant, by deceiving the victim as such, received KRW 4 million from the victim’s account in the name of the Defendant.

2. On December 1, 2012, the Defendant made a false statement to the victim “HDaa” operated by the Victim G in Gwangju Northern-gu, Seoul, stating that “I will conduct work from the date on which I will lend KRW 6,850,000 to the victim’s pre-paid amount in need of hospital expenses.”

However, even if the defendant received the advance payment, he did not think that he would work as an employee at the above entertainment establishment, and there was no intention or ability to pay the advance payment.

As such, the Defendant, by deceiving the victim, received 350,000 won in cash from the victim, namely, from her seat, and received 50,000 won in December 1, 201 and 6 million won in cash from December 3, 2012, respectively, from the Defendant’s account under the name of the Defendant.

3. On October 12, 2011, the Defendant made a false statement to the victim “K” operated by the victim JJ in Gangseo-si I, Gangnam-si, that “If the Defendant lends 2.5 million won to the victim with the prepaid money in need of her hospital expenses, she will do work from today.”

However, even if the defendant received the advance payment, he did not think that he will work as an employee at the above entertainment establishment, and otherwise he will or ability to pay the advance payment.

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