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(영문) 서울서부지방법원 2020.02.05 2019고단3593
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. On February 9, 2018, the Defendant made a false statement to the victim in Guro-gu Seoul, Guro-gu, Seoul, where the victim B works, that “ he/she will complete payment after one month if he/she lends juice store and cosmetics store to F in Korea, as the fund for the purchase of goods falls short of KRW 10 million.”

However, in fact, the Defendant did not operate juice store and cosmetics store in E, and sold juices and horses in subway sites at the time, and excluded expenses as it did not exceed KRW 3,00,000,000 for one month during which sales were made, the monthly profit was only KRW 1,00,000,000, and even if the Defendant borrowed money from the victim, it was thought that it would be used for the repayment of the existing obligation to G, so even if he borrowed money from the victim, the Defendant did not have any intent or ability to pay the money to the victim within the period

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to the new bank account (I) in the name of H on the same day.

2. On March 1, 2018, the Defendant made a false statement to the victim B at K'K's coffee shop located in Guro-gu Seoul High Court that “The security deposit is 250 million won, and the security deposit is 30 million won at the present time, so that the Defendant would have been repaid after one month, if he/she lent KRW 30 million to the victim B.”

However, as stated in the preceding paragraph, the Defendant sold the horses at the subway stations at the time, and excluded the expense because the sales do not exceed KRW 3 million in one month, the monthly profit is below KRW 1 million, and even if he borrowed money from the victim, the Defendant did not have any intent or ability to pay money to the victim within the period agreed upon.

Nevertheless, the Defendant, as above, was accused of the victim and received 30 million won in cash from the victim on the same day.

3. On April 3, 2018, the Defendant calls for the victim L at an insular place, and calls for the packaging of a thing.

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