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(영문) 서울서부지방법원 2015.12.09 2015고단2011

사기등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

"2015 Highest 2011"

1. Fraud;

A. On October 6, 2010, the Defendant met the Victim E, who is the seat of D, at the Defendant’s house located in Yongsan-gu Seoul, Yongsan-gu Seoul Metropolitan Government.

In other words, the Defendant made a false statement to the victim that “The cost of materials needed to operate building materials business, which would change to KRW 20 million. When supplying the materials, the Defendant would pay interest at KRW 2 million per month as gold.”

However, the defendant did not have any intention or ability to pay the borrowed money because he did not properly operate the building project of the same child at the time and was in an economically poor condition.

Nevertheless, the Defendant received 20 million won from the victim by deceiving the victim at the seat, and received 25 million won from the victim on July 10, 2013 and received 25 million won as the same name.

Accordingly, the defendant was given property worth KRW 25 million by deceiving the victim.

B. Around January 22, 2013, the Defendant concluded that, in the Smarket operated by the Defendant in Yongsan-gu Seoul Metropolitan Government, “The Victim G shall pay 3% interest rate per month when he/she lends 3 million won to the Victim G, and shall repay by May 20, 2013.”

However, in fact, the Defendant did not properly operate the building project of the same student at the time and was economically lacking, and thus, the Defendant did not have any intent and ability to complete payment even if he borrowed money as above.

Nevertheless, the Defendant, in other words, by deceiving the victim G from the seat and receiving KRW 3 million from the victim, and at the same place around August 23, 2013, concluded that “If the above victim additionally lends KRW 2 million to the victim, 4% interest of KRW 5 million per month shall be paid and the amount of money shall be repaid until May 20, 2014” was received from the above victim again.

Accordingly, the defendant deceivings the victim.