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(영문) 광주지방법원 순천지원 2018.03.09 2016고단627
사기
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Of the facts charged in the instant case, each fraud against C and D shall be acquitted.

Reasons

Punishment of the crime

The defendant is a person operating cosmetics in E at a leisure time, and the victim G and the victim H are the relatives of the defendant's natives, who are operated by the defendant.

1. Around March 3, 2012, the Defendant committed the crime against the victim G refers to the payment of interest at five (5) minutes per month from the lending of money to the victim G at the beauty art room, and the Defendant said that the Defendant would return money when it is necessary to make a prior speech only before two (2) months or three (3) months prior to the lending of interest.

However, the Defendant had to use approximately three million won of the cosmetic operating income as living expenses, etc., and there was no other revenue or property, and when the victim asked to return money, the victim should join the fraternity operated by the Defendant and appropriate the principal and interest for the advance payment. However, when operating the fraternity in this way, the Defendant had no choice but to have suffered losses as much as the amount of the advance payment was operated. Therefore, even if the Defendant borrowed money from the damaged person, there was no intention or ability to pay the said interest or principal.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) received 950,000 won in cash from the damaged person; and (c) from that time until April 15, 2015, the Defendant received total of KRW 7,895,00,000 from that time until April 15, 2015, in total, 26 times as shown in the list of crimes Nos. 1.

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

2. Around April 24, 2013, the Defendant committed the crime against the victim H referred to the victim H in the beauty art room as “Around April 24, 2013, the Defendant told the victim H that the husband would pay interest on KRW 3 million per month if the husband lacks funds to prepare for the fisheries.”

However, in fact, the defendant thought that the above money was used for personal purposes, not for husband's fishery preparation, and about 3 million won of operating income of beauty rooms, etc. are living expenses, etc.

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