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(영문) 서울중앙지방법원 2020.09.10 2019고단3140
사기등
Text

[Defendant A] Defendant A shall be punished by imprisonment for a period of two years and six months.

However, the above punishment shall be imposed for four years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

"2019 Highest 3140"

1. On February 28, 2018, the Defendant made a false statement to the victim E in the underground coffee shop of the “D” building located in Gwanak-gu in Seoul Special Metropolitan City, stating that the Defendant would pay the victim E within several days with the interest not to be paid if the money is given out of a short amount of money.”

However, in fact, the Defendant had no intention or ability to pay money within several days, even if he borrowed money from the victim, since the Defendant continued to lend his debt to several hundred million won and continues to return the money.

Defendant, from the victim, 10,000,000 won on the same day, and the same year.

3.31. 30,000,000 won was remitted.

2. On April 18, 2018, the Defendant made a false statement in the Franc shop located in Gwanak-gu in Seoul Special Metropolitan City, stating, “If the Defendant borrowed money to the said victim for a loan of money due to a shortage of funds for the business of building south Do, he will repay the money in the same way as the borrowed money prior to the collection date.”

However, the defendant did not have the husband's business of lending and did not have the intention or ability to pay the borrowed money within a day due to the same reason as the statement in the preceding paragraph.

Comprehensively taking account of the victim E’s legal statement and the statement made by the investigation agency, the Defendant partially revised the facts charged ex officio in response to the fact that the Defendant had talked about the victim E’s temporary bordering business on the date and time indicated in the facts charged, the “payment through the collection of the sale price,” and the “payment within a day”.

In this way, it is judged that there is no substantial disadvantage in exercising the defendant's right of defense.

Defendant 5,000,000 won on the same day from the victim;

4. 28.10,000,000

5.15.10,000,000 won was remitted;

Accordingly, the defendant deceivings the victim and 65,000,000 won in total.

The defendant of "2019 Highest 5576" works as a shop in Gwanak-gu in Seoul Special Metropolitan City(Seoul Special Metropolitan City) around 2015.

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