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(영문) 서울중앙지방법원 2017.06.13 2017고단817
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On October 2012, the Defendant used and repaid the victim E at the D coffee shop located in Jung-gu Seoul, Jung-gu, Seoul, only for two months if he/she lent KRW 18 million as down payment to the victim E.

Along with approximately KRW 20,000,000, monthly income of one month, where the packaging end is well-known.

A false statement was made to the effect that “If the payment was made in the last two months, it may be made.”

However, in fact, the Defendant did not have certain income or assets for 50 million won due to bad credit holders, and the place where the Defendant intended to pack the packages was unable to install a legitimate packing machine, and even if he borrowed money from the injured party due to no knowledge about the occurrence of profits through the operation of the packing machine, the Defendant did not have the intent or ability to repay the borrowed money, such as the agreement.

Around October 24, 2012, the Defendant: (a) by deceiving the victim as above; and (b) transferred KRW 18 million to the account of a national bank in the name of G to the account of a national bank in the name of G as a loan from the victim.

2. On February 2013, the Defendant: (a) 6-ro, Jung-gu, Seoul, Jung-gu, Seoul, to the Defendant paid back the money to the Defendant up to March early, 201 until March 2, 201, where he first lent 10 million won to the Defendant, as he saw that 6-ro, Jung-gu, Seoul, intended to get a second resort to H shopping mall, and again sold many profits.

“False speech was made to the effect that it was “.”

However, the Defendant did not have any intention or ability to repay the borrowed amount as agreed upon, even if he did not have to confirm whether the Defendant was merely a person with bad credit standing and did not have any certain income or property, and he did not borrow money from the injured party due to the lack of confirmation as to whether he could take over the H shopping mall’s operating right.

Around February 8, 2013, the Defendant: (a) by deceiving the victim as above; and (b) transferred KRW 10 million to the national bank account in the name of I under the name of I as the borrowed money from the victim; and (c) was transferred from the victim.

Summary of Evidence

1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. E.

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