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(영문) 서울서부지방법원 2020.02.12 2019고단3072
사기
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

The Defendant is a person who works in a singing machine from around 2015 to November 2018.

1. Around November 2015, the Defendant: (a) around November 2015, the Defendant: (b) the victim B, who works together in D’s singing rooms near Busandong-gu C, was scheduled to operate a platform from 2006; (c) from January 2016 to November 11, 2016, one million won number per old unit; (d) the Defendant called the Defendant to the effect that “at least several old units are subscribed to the time limit to reduce the time amount”.

However, the defendant had to pay interest equivalent to KRW 7 million per month to creditors with no particular property or income, and there was no intention or ability to pay the time amount even if the defendant received monthly payment from the victim because it was thought to cover the above interest with monthly payment by recruiting the fraternity members.

Nevertheless, on January 11, 2016, the Defendant made a false statement to the victim and received KRW 1,000,000 from the victim’s account in the name of the Defendant from E bank account, and acquired the total of KRW 145,394,00,00 from around that time to December 27, 2018, as shown in the attached list of crimes (1).

2. Around April 2016, the Defendant: (a) sought to operate a 500,000 foot number system per unit with a maturity of 21 months to the victim F at a restaurant located in the Dong-dong, Busan Metropolitan City; (b) around April 2016, the Defendant stated to the effect that “the victim F is admitted to several old accounts to reduce the time limit.”

However, as stated in Paragraph 1, the Defendant thought from the beginning that he would be able to provide the creditors with interest to pay monthly payment of the victim, and there was no intention or ability to pay the time limit money to the victim.

Nevertheless, the Defendant made a false statement to the victim and received KRW 1,00,000 from the victim around April 20, 2016 to the H account in the name of G, the Defendant’s words, around April 20, from the victim.

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