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(영문) 의정부지방법원 2017.07.25 2017고단1227
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Fraud against the victim C;

A. On March 25, 2008, the Defendant: (a) at a “E” restaurant operated by the Defendant located in Spocheon-si, Spocheon-si; (b) at the time of opening the restaurant, the Defendant did not have any particular property; (c) at the time of opening the restaurant, the Defendant borrowed the deposit of KRW 11 million and KRW 700,000 per month from the number; (d) at the time of opening the restaurant, the amount of personal debt was reasonable, such as lending money from F, etc.; (e) the said restaurant’s revenue was not an intention or ability to repay the loan even if it was difficult for the said number of days to repay; and (e) the fact was planned to prevent the repayment of the above debt with the borrowed money, the Defendant was to use the money only one year if he borrowed money from the victim.

“A false statement,” which received KRW 20 million from the injured party on the same day as the borrowed money.

B. On September 29, 2008, the Defendant: (a) around September 29, 2008, at the above “E” restaurant; (b) even if having borrowed money from the injured party, the Defendant did not intend or have the ability to repay the money; (c) made a false statement to the effect that the victim was identical to the above “A; and (d) received KRW 3 million from the injured party as the borrowed money on the same day.

Accordingly, the Defendant received a total of KRW 23 million from the injured party twice.

2. Fraud against victim G;

A. On January 17, 2008, the Defendant, like the above “E” restaurant, and the above “E” 1, even if he did not have any intent or ability to repay money from the injured party even if he borrowed money from the injured party, he will use the money only for one year from lending money to the injured party.

“A false statement,” which received KRW 5 million from the injured party on the same day as the borrowed money.

B. On February 28, 2008, the Defendant, like the above “E” restaurant around February 28, 2008, did not have any intent or ability to repay money from the injured party even if he borrowed money from the injured party, making a false statement to the same effect as the above “A.”

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