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(영문) 서울남부지방법원 2017.12.21 2017고단4518
사기
Text

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

Reasons

Punishment of the crime

Around August 25, 2016, the Defendant entered into an investment and partnership agreement with the victim on the same day, stating that “APC room located in Gangseo-gu Seoul Metropolitan Government, would operate a PC game company and pay 35% of the monthly profit every month in order to operate the Internet gambling site referred to as “E,” thereby making an investment.”

However, the defendant did not operate a PC game company as an bad credit holder, and there was no actual preparation for the operation of the above Internet gambling site, and even if part of the money received from the injured party is invested from the injured party such as using it as his own cost of living, there was no intention or ability to pay profits to the injured party.

Defendant deceptioned the victim as above, and acquired cash of KRW 30 million from the victim on August 25, 2016, KRW 10 million in cash around August 26, 2016, and KRW 12 million in a corporate bank account (Account Number: G) in the name of F used by the Defendant, respectively.

"2017 Highest 5539"

1. The Defendant, around January 25, 2012, in the IPC room of the Defendant’s operation located in Gangnam-gu Seoul Metropolitan Government H, lent KRW 10 million to the victim J for a monthly interest rate of KRW 5 million and repaid the principal by April 25, 2012.

“A false statement to the effect that it is “ was given KRW 10,000,000 as a loan from the injured party on the job.”

However, at the time, the Defendant was planning to arrange the PC as soon as it is economically difficult to pay the monthly rent of the above PC, and even if the Defendant borrowed money from the damaged party due to no particular property or income due to bad credit standing, he did not have the intent or ability to pay the money.

Accordingly, the defendant deceivings the victim, thereby deceiving 10,000,000 won from the victim.

2. The Defendant’s “LPC........, located in the Hamsan-si, Hamsan-si, the upper end of July 2016.

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