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(영문) 서울중앙지방법원 2015.04.01 2014고단8285

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[criminal record] On June 25, 2003, the Defendant was sentenced to five years of imprisonment for fraud, etc. at the Daejeon District Court, and was released on December 24, 2007 in Seoul Southern Prison on parole on the execution of the sentence and the parole period expired on January 3, 2008.

【Criminal Facts】

1. On April 2009, the criminal defendant against the victim C made a false statement to the victim C who needs to be loaned at the defendant's office located in Gangnam-gu Seoul Metropolitan Government D on April 2009 to the effect that "A person in charge of loans may be easily granted because he/she has been well aware of his/her employees since he/she had long worked in the bank area prior to home. It would allow the Busan Jung-gu building that he/she intends to purchase from the bank area to obtain loans equivalent to 27.8 billion won from the bank area as security."

However, in fact, the defendant did not have the ability to provide a security to obtain a loan from a bank right, and it was not possible to obtain a loan for purchase only with a sales contract for the above building without his own capital, and there was no intention or ability to have the victim obtain a loan.

Around April 10, 2009, the Defendant, by deceiving the victim as such, received KRW 117,570,000 in total on 19 occasions from the victim, as shown in the attached Table 1, by September 8, 2012, including that the Defendant received KRW 3 million as a loan brokerage expense, from the victim, and acquired it by deception.

2. Around July 22, 2008, the Defendant made a false statement to the effect that “A victim F who needs to be loaned at the Defendant’s office located in Gangnam-gu Seoul, Seoul, would be able to obtain a loan of KRW 800,000,000,000 from the victim F.”

However, if the defendant intends to obtain a loan of KRW 800 million, it is possible to obtain a loan from a bank, but there is no security against the victim and the defendant, which eventually leads the defendant to obtain a loan of KRW 800 million from the victim.