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(영문) 서울북부지방법원 2019.01.17 2018고단4751
사기
Text

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

Reasons

Punishment of the crime

The defendant is a person who has operated static points on the building B and the first floor in Seoul Special Metropolitan City.

1. On May 2012, 2012, the Defendant made a false statement to the effect that “The Defendant would pay the victim a good business item, if he/she lends money, with interest on several months after the loan of money.”

However, in fact, the Defendant was planning to pay a rent to the lessor with money borrowed from the victim for a period of one year or more as it is difficult to cover living costs and interest interest rates solely with the profits of the fixed-point store operated at the time. On November 201, 2010, the Seoul Special Metropolitan City E-building and F, which was owned by the Defendant, borrowed KRW 70 million from G Bank around November 201, and the maximum debt amount of KRW 91 million was established, and there was no particular property value, and thus, the Defendant did not have any intent or ability to repay the said money as promised even if he borrowed money from the victim.

Around May 21, 2012, the Defendant, by deceiving the victim, received KRW 55 million from the victim’s account (I) in the name of the Defendant.

2. On May 30, 2012, the Defendant made a false statement to the effect that “A vehicle purchase price is necessary to operate a heavy tea sales business with china and china,” the Defendant would be repaid in several months and later, with 5 million won borrowed before lending KRW 30 million to the Defendant.” Moreover, the Defendant would pay interest to borrowed money KRW 4 million per month.”

However, in fact, the Defendant was a plan to repay the high flag value to the regular wholesale wholesale company by lending money from the victim, and there was no intent or ability to repay the high flag value as promised even if the Defendant borrowed money from the victim because it was economically difficult as described in the above paragraph 1.

The defendant deceivings the victim as such, and is also the victim.

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