(영문) 수원지방법원 여주지원 2013.10.21 2013고단618

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(영문) 수원지방법원 여주지원 2013.10.21 2013고단618

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant is a person who operated a mutually cafeteria called “D” located in Gyeonggi-gun C.

1. On December 20, 2012, the Defendant: (a) around the Gyeonggi-gun, a branch of Gyeonggi-do, provided that “The Defendant: (b) provided the Victim F (55) with the payment of the money that the former husband lent to the restaurant; (c) provided; (d) provided the same with the payment of the money that the former husband lent to the restaurant; (d) provided; and (e) provided the same with the return of the money that he/she borrowed to the husband; and (e) provided the money that he/she may repay five million won of the money that he/she borrowed to the husband, the principal shall be repaid until January 28, 2013.”

However, at the time, the Defendant had to pay 250,000 won a day to G et al. in order to operate the above restaurant and to incur excessive debts. The loan borrowed from H et al. reaches KRW 110,000,000,000, and even if 60,000,000 or more were in arrears, there was no intention or ability to repay the loan even if she borrowed money from the victim.

Nevertheless, the Defendant deceivings the victim as above, and thereby acquired the cash amount of KRW 5 million from the victim on December 20, 2012.

2. Around January 2, 2013, the Defendant stated to the victim F at the same place as before and after the preceding paragraph that “If the Defendant borrowed KRW 6 million as it is because there is no money to offer a set of advance payment to the victim F, the Defendant would repay the principal by the end of April 28, 2013.”

However, the defendant did not have the intent or ability to repay the above even if he borrowed the money from the victim due to the circumstances attributable to excessive debts such as the statement in the preceding paragraph at the time.

Nevertheless, the Defendant deceivings the victim as above, and thereby acquired 6 million won in cash from the victim on January 2, 2013.

Summary of Evidence

1. The defendant's legal statement (the third trial date);

1. A protocol concerning the examination of suspect with regard to I;

1. Statement of the police statement concerning F;

1. The date of drawing up the I's loan certificate on January 1, 2013.

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