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(영문) 서울중앙지방법원 2018.02.01 2017고단926
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On May 9, 2013, the Defendant was sentenced to imprisonment with labor for a violation of the Narcotics Control Act at the Seoul Central District Court on May 9, 2013, and completed the execution of the sentence at a public prison on July 17, 2014.

"2017 Highest 926"

1. Fraud;

A. Since the Defendant was released from the military court on July 17, 2014, there was no special property or income, nor did he/she secure the right to produce and sell the permitted amusement machines. Therefore, even if he/she borrowed money from the victim D, the Defendant did not have the intent or ability to perform the business of producing and selling the normal amusement machines.

Nevertheless, on July 25, 2014, the Defendant secured the victim D’s right to produce and sell recreation equipment with permission that does not restrict money exchange, so that he/she can collect money from the victim D.

It is possible to lend money necessary for the production of entertainment equipment to repay all of the business.

“A false statement” was made.

As above, the Defendant: (a) by deceiving the victim; (b) received 10 million won from the injured party as the borrowed money from around August 6, 2014; (c) and (d) received the remittance of 168,500,000 won in total from around that time to April 6, 2015, as shown in the list of crimes in attached Table 20 times.

B. The Defendant, even if he was provided with necessary office equipment from the victim D, was thought to operate an illegal gambling room, and did not have the intent or ability to carry out the business of producing a par-game that is distributed normally with permission.

Nevertheless, the Defendant, at around August 10, 2014, intends to run a business to produce and sell a son game machine with permission from the victim at the 21st floor office of the Seoul Special Metropolitan City Gwangjin-gu Seoul Special Metropolitan City Seoul Special Metropolitan City Seoul Special Metropolitan City Gwangjin-gu Office. However, the Defendant would pay all the borrowed money within one month after purchasing a house such as a book and chair necessary for the operation of the office.

“A false statement” was made.

The defendant.

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