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(영문) 서울북부지방법원 2017.11.01 2016고단5427

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 becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On December 20, 2016, the Defendant was sentenced to imprisonment with prison labor for 2 years and 6 months for fraud at the Seoul Northern District Court and 4 years of suspended execution, and the above judgment was finalized on February 2, 2017.

[2016 Highest 5427] Defendant E stated that “a person who, having conducted a business of granting a loan by means of taking out a real estate as collateral upon receiving a fee from the owner of the real estate which was owned by the parties liable for the loan, Defendant E, who owned the real estate that was commenced by auction due to the failure to repay the debt amounting to KRW 20 million on October 2013, 2013, was entitled to a loan of KRW 25 million, including a loan fee of KRW 5 million, to obtain a loan from the victim E.

However, the defendant received a loan of KRW 35 million from F after he received a certificate, etc. of his seal imprint from the above victim, and delivered it to the above victim and delivered the remaining KRW 10 million to the defendant.

Defendant 1 received a certificate of personal seal impression, etc. from the injured party, and delivered 25 million won out of 35 million won borrowed from F to the injured party, and acquired the remainder of KRW 10 million.

[2017 Highest 955] Defendant at the H office of a limited company located in Gangnam-gu Seoul Metropolitan Government around April 8, 2013, the victim J, who became aware of the introduction of the representative I of the above company, is lacking a bid bond in order to make a bid at home.

Only when the bid is made for the security deposit, the bid made a false statement in the false manner to lend the test money to be immediately repaid within one week.

However, even if the defendant borrows money from the injured party, the defendant did not have any intention or ability to pay the money to the injured party as agreed to use the bid bond or the injured party.

As such, the Defendant deceivings the victim and deceivings the victim, and on the same day, to the Agricultural Cooperative account (L) in the name of the Defendant’s father on the same day as the borrowed money from the victim.