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(영문) 서울동부지방법원 2016.06.29 2016고단1311
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

1. On May 4, 201, the Defendant would pay 10% interest and principal to the victim D at the office of NC Co., Ltd. where the Defendant working for the Songpa-gu Seoul building on May 4, 201, and the victim D would be paid 10% interest and principal interest on the loan of the business fund as the business fund is required.

“False speech” was made.

However, even if the Defendant borrowed the money from the above victim, it was thought that it would be used as money for gambling, not for business funds, and since the Defendant had no asset in his name as a bad credit holder at the time and went out of the gambling, there was no intention or ability to repay the money even if he borrowed the money from the above victim.

Nevertheless, the Defendant, as seen above, received KRW 3 million from the above victim to the bank account in the name of F in the same day from the above victim, and acquired it by deceptively, and received KRW 106,800,000 from August 31, 201, total sum of 23 times, such as the previous list of crimes (1) from August 31, 201.

2. On June 10, 201, the Defendant committed the crime against the victim G: (a) at the place indicated in the charge No. 1; and (b) at the victim G, “a lease deposit is required to open a horse-related office in the future; and (c) he/she borrowed money to the person making a horse-related gambling with the interest on the 10% of the monthly interest and return the principal.

“Falsely false.”

However, even if the Defendant borrowed the money from the above victim, it was thought that he would use it as his money for gambling rather than using the money for the lease deposit or the money for the gambling of another person. Since the Defendant had no asset under his name as a bad credit holder at the time and had been left for the gambling, the Defendant borrowed the money from the above victim as above.

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