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(영문) 서울서부지방법원 2015.10.01 2015고단975

사기등

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

"2015 Highest 975"

1. Fraud;

A. On June 3, 2013, the Defendant in part against the victim C contacted the victim C, who was aware of the fact that the E office located on the third floor of the Gangnam-gu Seoul Metropolitan DD Building with a towing workplace rent, and requested to lend money by the end of July 2013, stating, “There are two business offices for the loan of money, which are operated, and the project is too well and is so short that money is urgently needed due to the lack of funds. Since the project continues to be operated, it would not be said that four loans from the land and lend money to anyone even though they are borrowed money from the land. The interest that is used only once a month (30,000 won per day) and the principal will be returned by the end of July 2013.”

However, at the time there was no loan office operated by the Defendant, not only did the loan brokerage, but also did not have the loan brokerage record, and the debt to be repaid to others was more than KRW 600 million, and was thought to be used for personal debt repayment, entertainment expenses, etc., not for the loan from the victim. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to repay the principal and interest.

Nevertheless, the Defendant, as seen above, received the victim’s false statement, from June 3, 2013 to June 6, 2013, a sum of KRW 326 million, as shown in the annexed crime list, from around eight times until August 6, 2013, as well as from the time when he/she received remittance of KRW 68 million from the victim.

B. On September 17, 2013, the Defendant made a false contact with F, who was aware of the place of the victim F as a towing workplace rent at a place where it is unknown, and “I will pay back the loan without any molding it, if I will lend money to F, with the repayment amount of KRW 5 million due to the shortage of KRW 5 million in the proceeds of the loan.”

However, the Defendant not only did he had been engaged in the loan business at the time, but also the above “A” and “A”.