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(영문) 서울서부지방법원 2013.11.13 2013고단1758
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

around February 15, 2012, the Defendant and Co-Defendant C came to know from the F mobile phone sales store in Mapo-gu Seoul Metropolitan Government on the first floor to customers, “The victim G is engaged in the business of operating H president and the mobile phone sales store, and there is no fund so that the amount of the mobile phone sales has increased rapidly. If only 25 million won is lent, the Defendant and Co-Defendant C will return the money to the president to the H president as a half-class share and operate it under the sole name of H (Defendant) by returning the money to the H president. As such, the Defendant and Co-Defendant C would have more and more profits. The amount of KRW 10 million per month and KRW 40 million will be more and more.” On August 29, 2012, the Defendant and Co-Defendant C continued to lend the above victim’s name at the same place of business as “on the same day, it is difficult to know about whether the premium would be paid for the said KRW 100,000,000.”

However, the Defendant and C paid a deposit of KRW 16 million to H, the main owner of the said store, and entrusted operation of the said deposit of KRW 10 million each month on condition that it shall be paid KRW 3 million. However, even if the Defendant and C received KRW 25 million from the victim, they did not change the name of the place of business to A because they did not have any intent or ability to have the store transferred. Moreover, even if they borrowed money from the victim for the purpose of investment money, they did not have any intention or ability to pay the money borrowed from the victim with the interest. In addition, even if they borrowed money from the victim for the purpose of investment money, there was no delay in the name of the place of business. Moreover, even if they borrowed money from the victim for the purpose of investment, there was no intention or ability to pay the money borrowed from the victim with the interest.

Nevertheless, the Defendant, in collusion with C, belongs to the victim, and is five million won around March 29, 2012, and seven million won around March 30, 2012.

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