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(영문) 서울중앙지방법원 2017.06.15 2017고단1867
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who has been engaged in the production of subsidiary materials labels in C market A, 3 stories 228 in Jung-gu, Seoul, and the victim D is a person who has been supplied the above labels by the defendant.

1. On October 27, 2015, the Defendant made a false statement to the victim at his/her workplace, stating that “Around October 27, 2015, the Defendant would have to complete payment if he/she borrowed only KRW 10 million, to the victim of the instant plant.”

However, the Defendant tried to use the said money for the purpose of paying interest on the existing debt, and did not think that it was used for the purpose of paying the interest on the deposit money, and as at that time, the Defendant did not have any intent or ability to pay the said money even if she borrowed the money from another person without any specific income.

The defendant deceivings the victim as above and was delivered 9.7 million won as the borrowed money from the victim.

2. On November 19, 2015, the Defendant made a false statement to the victim on November 19, 2015, stating that “The Defendant, at his/her place of business, made a false statement to the victim that “if the friendly F, who operates E in the place of sale, has to run the machinery, he/she would have to pay it in full.”

However, the Defendant was trying to use the said money for the purpose of paying interest on the existing debt, and did not think of using it as mechanical scam costs, and as at the time, he was paying the existing debt with a new loan from a customer without any specific income, so there was no intention or ability to pay the said money even if he borrowed the money as above.

The defendant deceivings the victim as above and was delivered 9.7 million won as the borrowed money from the victim.

3. On December 17, 2015, the Defendant, at his/her place of business around December 17, 2015, borrowed money from the G president H every five years to purchase machinery from the victim at his/her place of business.

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