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(영문) 서울동부지방법원 2017.10.20 2017고단2809
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

From around September 2015, the Defendant: (a) had no particular property in Gwangjin-gu in Seoul Special Metropolitan City, operated “Da Et”, “E E Et”, and “F Et” in Bupyeong-si; (b) at all times, the operating fund borrowed money from a mother and child with credit card loans or used credit card loans; and (c) at the time of the operation of D Et, the loan, loan, and its interest have increased rapidly due to the rapid decline in sales from large Mt, which was newly established in the vicinity of the D Et, there was no intention or ability to repay the loan from around September 2015 to around December 2015.

1. On September 25, 2014, the Defendant: (a) told the victim G by telephone that “The Defendant would pay back the amount of money to the management of the fee at an early date from the lending of the fee to the victim G.”

However, even if the Defendant borrowed money from the injured party, the Defendant did not have any intention or ability to change it for the above reason.

As such, the Defendant, by deceiving the victim, received KRW 4.6 million from the victim’s single bank account (Account Number H) in the name of the Defendant, from the victim, and thereafter received from that victim KRW 52.6 million in total on six occasions from that time until December 16, 2016, as indicated in the list of crimes in the attached Table of Crimes.

2. Crimes against victims I;

A. On June 2016, the Defendant: (a) stated that “If it is possible to lend an insurance loan, only 10,000 won, if it is possible to do so, 100,000 won shall be the interest of the first month and 100,000 won shall be repaid by the end of December 2016, the Defendant committed early June 2016.”

However, even if the defendant borrows money from the damaged party, he/she is willing to change it for the above reason.

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