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(영문) 서울동부지방법원 2015.08.21 2015고단971

사기등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

The Defendant did not have any specific property or income, and the income from the studio lives operated from 2005 did not pay the tax amount of 27 million won due to the low-income tax, and under circumstances in which the Defendant was unable to pay the individual debt of 28 million won, there was no intention or ability to pay the tax even if he borrowed the money from others.

1. Around May 2010, the Defendant, at the D used cars trading center located in Dongdaemun-gu Seoul Metropolitan Government, proposed that the victim E operate studal harassment along with the studio, and concluded that “The Defendant borrowed money from the Hyundai Capital in the name of Hyundai Capital, and would pay the vehicle rent.”

However, as above, the defendant did not have the intention or ability to pay the vehicle installment on behalf of the victim.

The Defendant received from the victim the FranxG car in the amount of KRW 12 million at the market price which he purchased at his own installment.

Accordingly, the defendant was given property by deceiving the victim.

2. Around August 11, 2011, the Defendant made a false statement to the effect that “The Defendant would use only one month if he/she borrowed KRW 3 million as he/she urgently needed to acquire a corporation and operate a business, and would pay interest at KRW 300,000,000 if he/she borrowed it.”

However, even if the Defendant borrowed money from the victim, the Defendant did not have any intent or ability to repay the money in time.

In other words, the Defendant received 3 million won in cash from the victim on the pretext of the borrowed money.

Accordingly, the defendant was given property by deceiving the victim.

3. On October 13, 201, the Defendant, at the Defendant’s house located in Chungcheongnam-si around October 13, 201, uses a verification-type pen in the form of a real estate lease contract purchased from the door door door room, in the location column of the location, “Ycheon,” “K,” and “L” and name column in the column of the lessor’s resident registration number.