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(영문) 서울중앙지방법원 2018.06.08 2017고단7160
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

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

Reasons

Punishment of the crime

The Defendant has been in charge of managing the overall business of a pharmacy operated by C, the husband, from January 2002 to May 2016.

1. On February 11, 2008, the Defendant lent money to the victim F at the E pharmacy located in Seocho-gu Seoul, Seocho-gu, Seoul, to another person, and then interest is too high.

A false statement was made to the effect that he/she will take part in a new fraternity to lend money, and that he/she will complete the payment without taking a mold.

However, a pharmacy operated by the above C has continued to be subject to business pressure since it was operated by borrowing another person's money from the time of opening business. Since then, it is urgent to prepare the payment amount to a wholesaler, pharmacist, etc. due to the reasons such as delayed collection of the sales price after entering a competitive pharmacy, the extension of the repayment period for bank loans has been suspended, and even if it is borrowed from others due to the aggravation of management status due to the aggravation of credit card price, there was no intention or ability to change it on the agreed date even if it is borrowed from others.

Nevertheless, the defendant deceivings the victim as above and was transferred to the account of the defendant as to February 11, 2008, KRW 40 million from the victim, KRW 30 million on March 11, 2008, KRW 30 million on April 11, 2008, KRW 30 million on April 11, 2008, and KRW 130 million on December 11, 2008, respectively.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

2. On December 24, 2014, the Defendant: (a) at the foregoing place; and (b) at the victim’s place, “in a prompt manner to prevent the value of the card; and (c) if the victim fails to prevent it, no funeral service may be provided.

A false statement was made to the effect that a loan of KRW 25 million will be made only once a week.

However, in fact, a pharmacy operated by the above C was continuously under business pressure due to borrowing another person's money from the time of opening business, and later, due to the reasons such as delaying the collection of the sales amount after entering a competitive pharmacy in the vicinity.

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