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(영문) 대구지방법원 2017.08.01 2016고단6501
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

Defendant

A is a substantial operator of "D" in Gangnam-gu Seoul, and the victim E is a head of "D".

1. On October 20, 2014, the Defendant: (a) at the victim’s office, “D” requires operating expenses for the company.

In February 2015, KRW 20 million, KRW 50 million, KRW 50 million in March, and KRW 50 million in April.

Along with money, a false statement was made.

However, in fact, the Defendant began to operate the “D” around August 2014, and there was little profit from the operation from September 2014, which was difficult, and there was a situation in which the Defendant’s personal debt was KRW 12 million, and there was no place in which the Defendant would receive money of KRW 3-400 million from February 2015 to April 2015.

Nevertheless, the Defendant, as seen above, seems to have been calculated by excluding the actual amount of KRW 30 million paid after the payment of KRW 10 million from the injured party by deceiving the victim and deceiving the victim. The amount actually transferred by the Defendant is deemed to have been calculated by excluding the amount of KRW 30 million paid after the payment of KRW 10 million.

On October 30, 2014, a total of KRW 50 million was acquired through fraud.

2. On December 24, 2014, the Defendant: (a) at the victim’s office, “D” requires operating expenses for the company.

In February 2015, KRW 20 million, KRW 50 million, KRW 50 million in March, and KRW 50 million in April.

Along with money, a false statement was made.

However, in fact, the Defendant began to operate “D” around August 2014, and there was little profit from the operation from September 2014 to September 2014, and there was a situation where the Defendant’s personal debt was 12 million won, and there was no place to receive 3-40 million won money from February 2015 to April 4, 2015.

Nevertheless, the defendant deceivings the victim as above and acquired the victim's 20 million won from the victim on December 24, 2014.

3. On February 2, 2015, the Defendant, in front of the victim’s house located in Seocho-gu Seoul Metropolitan Government F, shall jointly lend the victim “from the end of February to the end of February, if the Defendant borrowed the victim any more than KRW 60 million, and shall be repaid at least two million per week.

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