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(영문) 서울중앙지방법원 2015.11.26 2015고단4691

사기

Text

A defendant shall be punished by imprisonment for one year.

The defendant pays 89 million won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

[Attachment and Facts] On November 9, 2010, the Defendant was sentenced to imprisonment with prison labor for special larceny, etc. at the Seoul Central District Court on July 1, 201, and completed the execution of the sentence on July 1, 201, and on July 17, 2015, the said judgment became final and conclusive on November 13, 2015, by being sentenced to imprisonment with prison labor for a crime of fraud in the same court.

[2015 Highest 4691]

1. Fraud against the victim C;

A. On January 28, 2014, the Defendant, at the “E” coffee shop located in Gwanak-gu in Seoul Special Metropolitan City, issued a false statement to the victim C, stating, “If a person who wants lends 20 million won as a security to lend money to him/her as a security, he/she will offer Bosch Rexroths vehicle as security and repay the borrowed money without any mold until February 28, 2014,” and then, he/she received cash KRW 20 million from the victim.

B. On February 2, 2014, the Defendant, at the “G” coffee shop located in Gangnam-gu Seoul Metropolitan Government, concluded that “If the market price was 45 million won, the Defendant would have purchased KRW 65 million, including KRW 20 million, which already lent the vehicle, by 14th day, to the victim, by means of a false statement that “if the Defendant borrowed KRW 45 million, the Defendant would have sold the vehicle by resignation, and would have paid KRW 45 million,000,000,000,000,000,000,000,000,000 won.”

C. On February 3, 2014, the Defendant purchased KRW 20 million at KRW 40 million from the victim’s account in the name of J, on the ground that the Defendant: “Around February 3, 2014, the Defendant: (a) purchased 1,00,000 won at the market price of KRW 90 million from the passenger bank account in the name of J, inasmuch as he/she had sold money to the victim as he/she was urgently required. If he/she borrowed money in the amount of KRW 4,000,000,000,000,000,000,000,000 won is to be repaid.”

On February 5, 2014, the defendant needs to export the victim by telephone to a foreign country the Posor vehicle purchased over time.

If a loan is made with KRW 20 million, the loan already made shall be 89 million in total.