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(영문) 창원지방법원 2019.06.13 2018고단3564
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On June 2016, the Defendant against the victim B stated that, at the coffee shop located in Sungwon-si, Sungwon-si, Sungwon-si, Sungwon-si, the Defendant tried to rent two shops owned in Sungwon-si, Sungwon-si, to operate the automobile luminous key store. If 100 million won is leased, the Defendant borrowed 100 million won as rent, 2 million won per month per shop shall be given as profit, and the principal shall be repaid in installments. One store is only one store per person, but only one store shall be leased in the name of the victim, and one store shall enter into a lease contract in the name of Na.”

However, in fact, the Defendant did not have the intent or ability to pay the profits promised to the victim because there was no particular asset such as repayment of approximately KRW 10 million to the Defendant through the Credit Counseling and Recovery Service, and there was no intention or ability to pay the proceeds to the Defendant. Although there was no limit to the commercial buildings that can be leased per capita, the Defendant did not have the intent or ability to pay the principal in installments to the Defendant for the purpose of making the nominal owner of the lease contract for KRW 50 million as above, in order to make the Defendant a false statement.

Around June 17, 2016, the Defendant, by deceiving the victim as above, received KRW 15 million from the victim to the account under the name of the Defendant, and by inducing the victim to remit KRW 15 million to the account under the name of the Defendant, KRW 15 million on the same day, KRW 30 million on September 26, 2016, and KRW 40 million on September 28, 2016, respectively, and acquired KRW 100 million.

2. Around September 15, 2017, the Defendant made a statement to the effect that the Defendant would lend the victim F with the money to the Defendant by the end of September, 2017 at the car center where the victim F in Seongbuk-gu, Changwon-si, Changwon-si, and that the Defendant would lend the victim the money to the Defendant.

However, the defendant did not have an intention or ability to pay money even if he borrowed money from the victim because the defendant continued to operate the above vehicle luminous business and continued to occur.

The defendant.

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