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(영문) 서울중앙지방법원 2017.09.28 2016고단6773

사기

Text

Defendants 1-2 of the 2016 Highest 6773 Cases, 2016 Highest 7382 Cases, 2016 Highest 8893 Cases, 1-2 of the Judgment

2. Each crime.

Reasons

Punishment of the crime

On September 27, 2013, the Defendant was sentenced to a suspended sentence of one-year imprisonment for a crime of fraud, etc. in support of Sungnam Branch of Suwon District Court on September 27, 2013, and the judgment became final and conclusive on October 5, 2013. On May 25, 2017, the Seoul Central District Court was sentenced to four months of imprisonment for a crime of fraud, and the judgment became final and conclusive on June 2, 2017.

The defendant of "2016 Highest 6773" is the representative director of C in Gangnam-gu Seoul Metropolitan Government, who is a store professional store in Gangnam-gu.

The Defendant, around October 5, 2013, at the victim E office located in the third floor of the Gangnam-gu Seoul Metropolitan Government D D D Building, would pay the victim the interest at the rate of 20% per annum on the 25th day of each month and pay the principal until February 28, 2014.

“The phrase “ was false.”

However, the defendant did not have an intention or ability to pay the principle normally even if he borrowed the money from the injured party because he had been liable for the debt of 1.5 billion won or more with respect to the previous business.

As such, the Defendant, by deceiving the victim, received cash of KRW 30,000 from the damaged person, i.e., KRW 50,00,00,00.

"2016 Highest 7382"

1. On February 8, 2012, the Defendant would pay the principal and interest of 1.5% per month to the victim I via H at the G Han-won Office in Changwon-si, Changwon-si, Changwon-si, Seoul, through H. The Defendant would lend KRW 120 million necessary for the establishment of a factory to the victim I after three months.

“A false statement” was made.

However, even if the defendant borrowed money from the injured party, the defendant intended to use the money for investment or repayment of personal debt, and did not have the intent or ability to repay the money from the injured party.

The Defendant received 120 million won from the injured party under the name of the J as the borrowed money. The Defendant received from the injured party a delivery of KRW 120,000,000,000 from his own account (K).

2. On May 8, 2012, the Defendant: (a) at the above place around May 8, 2012, the Defendant had to purchase goods to be sold to TV home shopping to the victim through H; (b) 15.5.