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(영문) 서울남부지방법원 2012.11.23 2012고단1713
사기등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

1. From around 2008, when operating the Gangseo-gu Seoul Metropolitan Government Studio Gabul, the Defendant began to borrow money from the surrounding bond companies such as D, due to lack of operating cost, etc., and, in order to recover the increased amount of bonds due to business depression, the Defendant acquired and operated Gangseo-gu Seoul Metropolitan Government F Studio Gabul in KRW 120 million from E on September 2009, but borrowed a considerable portion of the acquisition amount from G, etc. while taking over the acquisition amount, and thereafter, borrowed money from other bond companies to repay the debt to G, etc. Around that time, the Defendant began to lend new bonds, thereby preventing the repayment of the principal and interest of the existing bonds company.

Around August 4, 2008, the Defendant committed the crime against the victim H by telephone that “If he/she finds it possible to operate a drinking house, but he/she lends 8 million won due to the shortage of money, he/she will pay the interest after adding it to the amount of money.”

However, even if the Defendant borrowed money from the victim, the Defendant did not intend to use the money for the repayment of the interest on the bonds, but did not intend to use the money as the funds for the operation of the house. While there was a debt of 20 million won at the time, there was no particular personal property, and the studal harassment operated by the Defendant did not have any intention or ability to repay the money even if it borrowed the money from the victim because the business performance was low and the profit was not specified.

Nevertheless, the Defendant, by deceiving the victim as such, received eight million won from the victim to the new bank account under the H’s name managed by the Defendant on the same day. From around that time to April 12, 2010, the Defendant added 58 million won to three times in total, such as the list 1.

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