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(영문) 서울남부지방법원 2019.01.29 2018고단6726
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

From July 2013 to June 2017, the Defendant: (a) was a person who was a pety relationship with the victim B (the age of 57) from around July 2013 to around June 2017; and (b) was in a situation where it is difficult to obtain business profits as expected because specific business plans or business funds have not been provided; and (c) the Defendant was liable for a debt amounting to KRW 370,000,000 with a bad credit standing after the repayment of the business in 2005, but there was no particular revenue from others, but there was no intention or ability to fully repay the debt even if he/she borrowed new money from others.

Nevertheless, the defendant concealed these facts and used money to lend business funds from the victim to the doping.

1. On July 10, 2013, the Defendant made a false statement to the victim that “The E Chairperson (the title E) decided to purchase a master book from the frans, and to invest the amount of KRW 4 to 500 million in the “D coffee shop” near the subway 8 Station in Songpa-gu Seoul. The remainder is that there is no money to make an investment in the frans. If the Defendant loans KRW 25 million, the Defendant would pay interest of KRW 100,000 per month and make a payment six months after the payment.”

However, at the time, the Defendant did not have been determined to receive an investment amounting to KRW 4-50 million from the “E Chairperson,” and the Defendant did not have any intent or ability to pay the borrowed money to the victim as agreed through the profits from the business of importing and selling famous goods.

The Defendant received KRW 5 million from the victim on October 29, 2013, and KRW 20 million on November 14, 201 of the same year, and KRW 25 million on a total from the Defendant’s account in the name of the F Bank (H) designated by the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

2. The Defendant called the victim on January 2014, 201 and demanded the victim to pay off KRW 25 million, which he/she lent from I to her friendly job offers.

It shall receive KRW 70 million from F.

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