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(영문) 서울중앙지방법원 2017.11.17 2016고단5385
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. On April 22, 2010, the Defendant against the victim B was “D amusement shop” located in Gangnam-gu Seoul Metropolitan Government, and the fact is not intended to work as an employee of the said entertainment shop, despite the absence of an intent to work as the employee of the said entertainment shop, the Defendant would pay the victim B (the victim’s 47 years old) the personal debt upon lending the amount of KRW 60 million, and pay all the amount of the debt from the entertainment shop to the end of each year.

“The phrase “ was false.”

As such, the Defendant, by deceiving the victim as such, was given KRW 60 million from the damaged party under the pretext of a pre-payment.

2. Around June 23, 2010, the Defendant against the victim E made a false statement that, despite having no intent to work as an employee of the said entertainment shop in Seocho-gu Seoul Metropolitan Government, the victim E (38 tax), “If he/she borrowed 45 million won in advance, he/she will work at the G main office and pay the remainder of the advance payment at that time.”

On June 25, 2010, the Defendant, by deceiving the victim as such, received KRW 45 million from the injured party under the pretext of the advance payment.

3. On February 25, 2011, the Defendant against the victim H was at the “J amusement shop” located in Gangnam-gu Seoul Metropolitan Government, and the fact that the Defendant did not intend to work as an employee of the said entertainment shop, despite the absence of an intent to work as an employee of the said entertainment shop, the Defendant would raise the sales to the victim H (3) by lending 45 million won as the advance payment for personal need to pay the advance payment and repaying the advance payment.

“The phrase “ was false.”

As such, the Defendant, by deceiving the victim as such, was immediately given 45 million won from the damaged party under his/her pretext as a deposit in advance.

4. The Defendant’s fraud against the Victim K did not have any special property, and was unable to pay the prepaid gold, and thus, despite having no intent or ability to pay the price even if he/she drinks at the entertainment place, “M” is operated by the Victim K (32) in Gangnam-gu Seoul Metropolitan Government around November 15, 2010.

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