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(영문) 의정부지방법원 고양지원 2018.01.11 2017고단3573
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

From around 2014 to 2015, the Defendant operated a massage practice with the trade name of “D” and “F” from Masi-si to Masung-si.

1. Fraud against the victim G;

A. On July 21, 2014, the Defendant calls the Victim G to the victim G, and “Around July 21, 2014, the Defendant requires KRW 7 million to change the nominal owner to the place of the massage operation for the forest.”

It is possible to obtain permission without this money, and it is possible to repay up to 20 days if it is lent 7 million won.

“A false statement” was made.

However, at the time, the Defendant was unable to properly operate the massage place by making all investments therein, and prevented the so-called return of the obligation to lend money from others. Since the Defendant intended to use the money for gambling with the money borrowed from the damaged party, there was no think that it would be used to change the name of the massage place even if he received the money from the injured party, and there was no intention or ability to repay the money.

Nevertheless, the Defendant, as such, by deceiving the victim, received 7,00,000 won from the victim to the NongHyup Bank account under the name of the Defendant, as stated in Section 1 again in the list of crimes (Ⅰ) from the victim.

B. On February 18, 2015, the Defendant: (a) around the first floor of the H building in Gwangjin-gu Seoul Special Metropolitan City around February 18, 2015, he knows 75 members of the Victim G including those who work in a place different from the inside and outside a place of massage; and (b) if he play in money against Acs, there is a lot of profit.

Along with the loan of money to make a money play, a false statement was made to the effect that the 10% interest is reduced on the 10th day.”

However, since the Defendant intended to use the money borrowed from the injured party as money for gambling or to pay interest on the money borrowed from another person, even if he borrowed money from the injured party, the Defendant’s profit.

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