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(영문) 서울남부지방법원 2013.05.15 2013고단397

사기

Text

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

The defendant is the applicant for compensation, 54,646,00 won, and the applicant for compensation.

Reasons

Punishment of the crime

1. Fraud against the victim C;

A. On February 21, 2008, the Defendant made a false statement to the victim’s home of the victim of the victim of the ASEAN F 102 of the ASEAN, Japan, east-do, stating, “I wish to buy an apartment of Korea through the omission of real estate brokerage business in Korea, with the lack of 1.5 millionN, and I wish to lend money to the victim at any time if the principal would be paid three copies of interest per month and if the principal would be paid at any time before the second month.”

However, in fact, the apartment house of Korea was not purchased at the time, and about 13.5 million UN (Korean Won 117,990,000) with only the debt without any special property, and the debt was lent to another person with a money borrowed from the victim, and thus, there was no intention or ability to repay the debt even if it was borrowed money from the victim.

As such, the Defendant, by deceiving the victim, obtained 1.5 million UN (Korean Won KRW 13,110,000) from the victim’s position and acquired it from the victim.

B. Around July 17, 2008, the Defendant stated that at the same place, the Defendant did not have purchased the apartment of Korea as above, and that the Defendant did not have any intent or ability to repay the borrowed amount because of a large amount of debt as above, the Defendant stated that “The Defendant would have paid off 20 million won (20 million won) installment savings with the maturity of 150,000 if the Defendant borrowed 150,000N, with the maturity of 25,000 won (the maturity of 1.5 million won) apartment units purchased in Korea.”

As such, the Defendant, by deceiving the victim, obtained 1.5 million UN (Korean Won 14,355,000) from the victim’s position and acquired it from the victim.

C. On September 15, 201, the Defendant stated that “Around September 15, 2011, the Defendant did not have the intent or ability to repay the borrowed money as above, and that “Around 200,000N is required to purchase the commercial buildings on the side of Gangseo-gu Seoul Metropolitan Government to 400,000,000,000,000 won in total to borrow 20,000,000 won, if borrowed money.”