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(영문) 서울중앙지방법원 2014.02.20 2013고단7760
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

1. The criminal defendant against C had operated a system even after being released from the facility in around 2006, but around 2009, the accumulated obligation due to guidance reached approximately one billion won, and the profits accrued from the restaurant operated jointly by the criminal defendant should be appropriated for the repayment of the obligation that occurred prior to the occurrence of the damage incurred by the criminal defendant, and the new system was organized and the defendant should be appropriated for the payment of the defective amount or appropriation for the payment of the defendant's obligation. Therefore, even if the defendant received the payment or loan from the above victim, he did not have any intent or ability to pay the money properly.

Around September 7, 2009, the Defendant may receive KRW 50,000,00 from the victim C in a fraternity operated by the Defendant of Seocho-gu Seoul Metropolitan Government D 715 to pay KRW 18,70,000 to the victim C for the said fraternity. “Around September 7, 2009, the Defendant made a false statement that he/she shall be entitled to KRW 5,000,000 if he/she has subscribed to the three accounts of the said fraternity from the victim, and 5.16,000 won in the name of the said accounts, and 5.61,000 won in the name of the said fraternity from the said place.

(2) On October 7 of the same year, at the same place as the above victim around the same day, the defendant got to join the said boundary where "if 8.5 million won is paid in 12 times a week, 1.5 million won a week," and "in this respect, 8.5 million won a sum of 8.5 million won a sum of 8.4 million won a sum of 1.4 million won a sum of 8.5 million won a sum of 8.5 million won was additionally collected from the above victim.

B. The Defendant borrowed money fraud (1) around September 9, 2009, the Defendant borrowed 10 million won to the post office account in the name of the Defendant at a restaurant located in Gangnam-gu Seoul Metropolitan Government, Gangnam-gu, with the phrase “if he/she lends 10 million won to the said victim, he/she would have to complete payment after three months,” and he/she received 10 million won from the said victim to the post office account in the name of the Defendant.

(2) The Defendant is on October 1 of the same year.

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