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(영문) 청주지방법원 2018.10.16 2017고단1836
사기
Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above punishment 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 July 20, 2016, the Defendant committed the crime against the victim C at the “E” restaurant operated by the Defendant located in Jincheon-gun D, Jincheon-gun, the Defendant got a large amount of the card value to the victim.

It is 10,000,000 won and shall be paid with money ten days after the loan.

“The phrase “ was false.”

However, in fact, the Defendant did not have any intent or ability to pay the interest accrued from the existing personal debt even if he borrowed money from the injured party because the Defendant had been in the state of restaurant business and the interest accrued from the existing personal debt was not fully repaid.

Accordingly, the Defendant, by deceiving the victim as above, received cash of KRW 300,000 from the victim under the name of the same day, and received remittance of KRW 2.7 million from the account under the name of the Defendant.

2. The Defendant committing a crime against the Victim F is urgently required for the victim to pay credit card payment at the same place as that set forth in paragraph (1) around July 25, 2016.

A loan shall be repaid in the following month.

“The phrase “ was false.”

However, in fact, the Defendant did not have any intent or ability to pay the interest accrued from the existing personal debt even if he borrowed money from the injured party because the Defendant had been in the state of restaurant business and the interest accrued from the existing personal debt was not fully repaid.

Accordingly, the Defendant, by deceiving the victim as above, received 2 million won from the victim to the account under the name of the Defendant on the same day, from the victim, and continuously transferred 1 million won to the same account around September 8, 2016.

3. The Defendant committed the crime against the victim G in the “I” restaurant operated by the injured party at the J of J of J of J of J around early August 2016, the Defendant borrowed money from the victim “I borrowed money from another person,” but it is difficult to repay this money by paying the victim too.

By the end of May 2017, I want to lend KRW 10 million. I want to pay and pay the borrowed money.

“The phrase “ was false.”

However, in fact, the defendant had been in the state of restaurant business.

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