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(영문) 서울서부지방법원 2013.09.25 2012고단2314
사기
Text

Defendant

A shall be punished by imprisonment for three years.

Defendant

Of the facts charged against A, defraudation of 50 million won for victim E.

Reasons

Punishment of the crime

"2012 Highest 2314"

1. Fraud against Defendant A’s victim F

A. On June 2007, the Defendant: “H” operated by the Victim F in Jung-gu Seoul, Jung-gu, Seoul, would pay the victim the price without a problem if the victim supplied 152 households such as 152 chairss, 14 small waves, and tables.” On June 20, 2007, the date of the delivery of the household, the date of the delivery of the household, i.e., the victim requested I to pay 17 million won out of the household price by his credit card, so that the victim could not supply the household price in a normal manner and could pay the price in a normal manner. Accordingly, the Defendant was urged by the victim as if he could pay the price in a normal manner.

However, at the time, the Defendant was unable to pay the down payment to the victim because of the depression in the J chain store business operated by the Defendant, and I thought that the credit card payment would be suspended immediately without paying the credit card payment, and there was no intention or ability to pay the price normally even if he was supplied to the household from the victim.

The defendant was given property by deceiving the victim as such.

B. On July 9, 2007, the Defendant, at the Defendant’s office located in Seocho-gu Seoul Metropolitan Government K, provided that “The victim F is required to receive any balance that is supplied to each customer, 1.5 million won is to be paid off if he/she borrowed money,” and received KRW 1.5 million from the victim to the bank account in the name of the Defendant on the same day.”

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

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

"2012 Highest 2430"

2. Defendant A’s fraud against Defendant A’s victim L has operated a restaurant franchise company in the name of (ju)M.

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