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(영문) 서울중앙지방법원 2017.02.10 2016고단8681

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal record] On August 26, 2016, the Defendant was sentenced to imprisonment of three years and six months with prison labor for fraud, etc. in the Goyang Branch of the Jung-gu District Court on March 26, 2016 and the said judgment became final and conclusive on January 20, 2017

[Criminal facts]

1. On June 2014, the Defendant of the first fraud against the victim C is entitled to the interest of KRW 170,000,000 per month from the “E” operated by the victim C in the Ilyang-gu Seoul Metropolitan City D shopping district, Manyang-si, to the victim’s “F capital” if the victim lent KRW 50 million to the F capital.

The principal will be returned to F as the termination of the contract.

The phrase “ makes a false statement.”

However, at that time, the Defendant had been liable for the Defendant’s personal debt of KRW 16 million to the new bank, KRW 4 million, KRW 3 million, KRW 50 million, KRW 12 million, KRW 300,000, KRW 55,000,000, in consideration of credit information 20,000,000, and KRW 98,000,000 for G to financial institutions, and KRW 10,000,000. While operating the H, the Defendant did not have any intent or ability to pay interest or return the principal as agreed upon, while the Defendant did not have any other property or income.

Nevertheless, on June 25, 2014, the defendant deceivings the victim as above and transferred 50 million won to the Saemaul Treasury account in the name of the defendant on June 25, 2014 to the victim.

2. On August 10, 2014, the Defendant against the victim J requires KRW 50 million to the victim J through M in the “L” restaurant located in Yeongdeungpo-gu Seoul Metropolitan Government K around August 10, 2014.

The interest of KRW 500,000 per month was paid, and the principal was paid to the F when the contract of F is terminated, the loan of KRW 50 million is changed.

However, in fact, the defendant around that time, 16 million won in a new bank, 4 million won in a direct cream loan, 3 million won in a mountain and loan, and am capital 1.