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(영문) 서울남부지방법원 2016.01.13 2015고단2675

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On March 21, 2012, the Defendant had a victim E divorceed from the clothes of the Defendant in the Seoul Jung-gu Seoul Metropolitan Government D shopping mall C’s underground.

Since there is an apartment house (F apartment 1, 1301, Dong, Seodaemun-gu, Seoul) that is owned in the Republic of Korea, this contract was loaned money as security. It was false that the house will be sold and repaid by selling money.

However, in fact, the Defendant, as security of the above apartment complex, borrowed KRW 220 million from Samsung Life Insurance Co., Ltd. with loans equivalent to KRW 100 million for personal debt, KRW 27 million for financial rights, and KRW 27 million for financial rights. In addition, due to the activation of Internet shopping mall, the Defendant had no intent or ability to repay the above apartment house even if he borrowed money from the victim E because the income from the operation of clothes with the wind that the Defendant operated was rapidly reduced due to the revitalization of Internet shopping mall has a significant situation in paying interest on the above obligation.

As such, the Defendant: (a) by deceiving the victim E from the victim to March 28, 2014; (b) obtained a total of KRW 50 million from around that time to March 28, 2014 from the victim E, and (c) received a total of KRW 13 million from around spring of 2009 to March 28, 2014 in the same manner as the victim E, G, H, I, and J, as indicated in the list of crimes in the attached Form.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police with respect to E, G, I, and H;

1. A complaint;

1. The loan certificate;

1. Contracts for the sale of housing units (F apartment units);

1. Statement of withdrawal from the complainant E;

1. Certification of the closure of business (K);

1. Certificates of debts;

1. A criminal investigation report (person filing a complaint E telephone conversations - Date and time of damage and arranging amount);

1. Investigation report (in case of complaint H telephone conversations - Date and time and amount adjustment of damage);

1. Application of Acts and subordinate statutes to a criminal investigation report (person who files a complaint, I telephone conversations - Time and amount adjustment);

1. Article 347 (1) of the Criminal Act and the choice of punishment for the crime, Articles 347 (1) of the Criminal Act and the choice of imprisonment;

1. Article 37 of the Aggravation of Concurrent Crimes Act.