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A defendant shall be punished by imprisonment for one year.
Of the facts charged in the instant case, the fraud against the victim C is acquitted.
Reasons
Criminal facts
The Defendant is a person who operates a healthcare in the name of “F” at two places in the Jongno-gu Seoul Metropolitan Government D and Jongno-gu Seoul E.
In the process of opening and operating two health stations as above, the Defendant was in the state of having a total of KRW 620 million against the 2nd financial rights or loan companies, such as land owners known from January 2010 to August 2012, 201, including “I Capital,” “Iskn”, and “Iskin,” and was in the state of having a total of KRW 620 million liability. On the other hand, there were serious financial difficulties, such as overdue rent in relation to buildings and bearing a large amount of liability such as employees’ pay. On the other hand, there was no other active property in the name of the Defendant, such as real estate and deposit claims. Since the operation of the health center supported the payment of interest on the above obligation and operating expenses of the health center every month, it is very unclear whether it can be repaid even if the Defendant borrowed money from the victims of the middle high school.
1. Fraud against the victim G;
A. On May 31, 2012, the Defendant: (a) at the I frequency located in Seodaemun-gu Seoul, Seodaemun-gu, Seoul on May 31, 2012, the Defendant: (b) paid the Defendant the obligation to pay interest on a monthly rate of KRW 100 million to the Defendant, and (c) paid the said money to the Defendant. If the Defendant borrowed KRW 100 million, he/she would pay the interest on two copies of the health house sales on a monthly basis; (b) the monthly sales amount of the health house is more than KRW 700 to KRW 80 million, and (c) the principal amount is not known to the effect that it is “.”
However, the Defendant, at the time, was liable to pay high interest rate of KRW 500 million to the victim, as well as the above KRW 100 million obligation, and the operation revenue of the health room was in the situation of buckbucking to pay interest on the existing obligation. Therefore, even if the Defendant borrowed money from the victim, it was extremely difficult to pay the interest and principal as agreed upon.
Nevertheless, .