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(영문) 수원지방법원 2017.08.22 2017고단1749

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Criminal facts

1. From February 2, 2012 to February 22, 2013, the Defendant defrauded KRW 1210 million with the above site in Gwangjin-gu, Seoul around February 22, 2012, the Defendant stated that “If the Defendant newly built the loan, and then lent KRW 10 million to the victim D, it would return the loan with the adequate principal and appropriate interest attached thereto, with the loan of KRW 10 million due to the delay in the sale of the loan and the temporary shortage of cash.”

However, in fact, the defendant did not have any income because of the newly built loan, while the amount of debt reaches about 2 billion won and the defendant merely thought to repay his/her obligation with the money received from the injured party, so even if he/she borrowed money from the injured party, he/she did not have any ability or intent to repay it.

As above, the Defendant was issued KRW 10 million to the injured party on February 22, 2012, and KRW 10 million on August 9, 2012, and KRW 12 million to the account in the E’s name on September 12, 2012, and was delivered KRW 15 million to the account in the F’s name; KRW 20 million to the account in the G’s name; and KRW 20 million to the account in the G’s name on February 19, 2013.

Accordingly, the defendant deceivings the victim and 120 million won in total over four times.

2. On March 25, 2015, the Defendant, through deceptionation of KRW 55 million, said, at a place where it is difficult to know the place of light on March 25, 2015, the Defendant provided that “The Defendant would sell real estate and receive money if he/she borrowed money as security and did not repay the money to the Defendant, while the market price of four parcels, such as Pyeongtaek-si, I, J, and K, which he/she owns, is KRW 1 billion, while he/she operates his/her business.”

However, in fact, the auction procedure for the land owned by the defendant was not in progress, and the defendant did not import new loan, while the defendant provided real estate, such as the land of Pyeongtaek which was owned by the defendant as a security for a debt worth KRW 2 billion.