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(영문) 광주지방법원 순천지원 2017.12.20 2017고단527
사기
Text

Defendant

A Imprisonment with prison labor for six months and for ten months, respectively.

However, from the date this judgment becomes final and conclusive, respectively.

Reasons

Punishment of the crime

While the Defendants, as the husband and wife’s branch, share approximately KRW 80 million in the bonds to be borne by the Defendants, Defendant A was merely about KRW 2.5 million in the pipe hole, Defendant B operated the main points in the mutual name of “G” from “G” at the time of leisure, but there was a lack of the credit payment amount of KRW 8 million in the capital, and the Defendants did not have any intent or ability to repay the above bonds even if they borrowed money from the victims due to lack of income to repay the interest or principal of the above bonds.

On the other hand, on April 2015, the Defendants came to know of the opportunity for the victim E, who was a female director at Jung-Eup, and the victim H, who was a female living together with the Defendant, to receive their own bonds from the victims of entertainment stores and down payment, by doping to assist Defendant B in operating the entertainment store at the Ycheon-si, with the experience of operating the entertainment center.

1. On February 2, 2016, the Defendants made a false statement to the effect that “The victims E known to the general public have been aware of the operation of a entertainment shop by operating 10 years an entertainment shop in this net thousands, and thereby, can obtain the entertainment shop down payment as soon as possible,” with the victim E, who had been aware of it.

However, in fact, even if the Defendants received money from the victims as above from the victims as the down payment for the entertainment store, they thought to use it to pay for their own bonds, so there was no intention or ability to seek an entertainment store and there was no economic difficulty, and therefore there was no intention or ability to pay the said money to the victims.

Nevertheless, the Defendants conspired to deception the victim and deception him/her from the victim on February 29, 2016, KRW 12 million on March 2, 2016, KRW 300,000 on March 3, 2016, KRW 3 million on March 3, 2016, and March 4, 2016.

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