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(영문) 서울중앙지방법원 2014.12.17 2014고단7897
사기
Text

A defendant shall be punished by imprisonment for one year.

except that 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. Around June 14, 2010, the criminal defendant against the victim C made a false statement to the victim C’s house located in Dongjak-gu Seoul Metropolitan Government D, stating that “I will pay 20% interest per month and pay the principal to the victim without any mold if I wish to return the money to B before one month.”

However, in fact, although the defendant obtained a bank loan from around 2008 or operated a coffee shop by lending money from another person, he was operating a coffee shop with additional money due to continuous operation, and he did not have a certain property or income at the time, and the defendant was the number of days.

There was no interest for a certain number of days or days, and there was no intention or ability to pay the interest even if the interest was paid, and it was a living situation in which the interest on living expenses or the interest on the money already borrowed was paid, by means of a prompt return from the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received 9,450,000 won from the victim’s bank account (Account Number: E) in the name of the Defendant.

In addition, from that time until June 12, 2013, the Defendant received 16,560,000 won from the victim to the above account by means of the same 15 times as shown in the attached Table 1 of Crime List.

2. On April 30, 2008, the criminal defendant against the victim F made a false statement to the victim F in the victim F’s house located in Dongjak-gu Seoul Metropolitan Government, stating that “I will pay 20% interest per month on the 20% interest per month if I lend money to B and will return the principal to B before one month, while I will pay back without any mold.”

However, the defendant is guilty.

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