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(영문) 서울중앙지방법원 2013.08.30 2013고단625

사기

Text

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

Reasons

Punishment of the crime

"2013 Highest 625"

1. On September 2006, the criminal defendant against the victim C stated that "if the defendant borrowed the funds of KRW 50 million to be established and operated by creating and operating a medical device door-to-door sales company, the victim C shall pay the principal six months after the lapse of the six months."

However, from 199 to 199, the Defendant was in a bad credit position due to the nonperformance of the guaranteed obligation, and the medical devices sold have not been secured, so even if the Defendant borrowed money from the said victim, the Defendant did not have any ability or intent to repay it.

The Defendant, as such, by deceiving the above victim, was delivered KRW 30 million to the above victim around October 12, 2006, and KRW 17 million around October 20, 2006, and KRW 47 million to the above victim. < Amended by Act No. 7990, Oct. 20, 2006>

2. Fraud against victim D;

A. On December 12, 2006, the Defendant stated that “If the Defendant lends KRW 20 million to the victim D, the interest shall be paid by 2% per month, and the principal shall be paid within one year.”

However, the defendant did not normally operate the medical device business at the time of bad credit, and there was no special profit in addition to the medical device business, so even if he borrowed money from the above victim, the defendant did not have an ability or intent to pay the money.

As such, the Defendant, by deceiving the above victim, received KRW 20 million from the above victim around that time.

B. On February 9, 2007, the Defendant, at the same place as above, stated that “If the Defendant lent KRW 20 million to the said victim, the interest shall be paid at 10% per month, and the principal shall be paid within five months.” The Defendant received delivery from the said victim of KRW 18 million.

C. The defendant around April 4, 2007 at the G Office of the Yeongdeungpo-gu Seoul Metropolitan Government E-building 609.