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(영문) 서울남부지방법원 2013.10.08 2012고단1366

사기

Text

Defendant

The defendant 10 months of imprisonment with prison labor for the first and second crimes in A, and for the third crimes in the holding 10 months.

Reasons

On July 6, 2010, Defendant A was sentenced to ten months of imprisonment due to fraud, etc., and on July 7, 2010, the above judgment became final and conclusive, and on November 3, 2010 during the execution of the above sentence, the parole period was expired on January 12, 201.

Punishment of the crime

[2012 Highest 1366]

1. On April 2008, Defendant A’s fraud took over “F” of the lending brokerage service chain, and advertised Defendant A as if he could receive a loan from a financial institution after obtaining a payment guarantee letter from the financial institution and at a discount, Defendant A attempted to receive the loan brokerage fee from the lending client and obtain the loan brokerage fee from the lending requester.

Around December 19, 2008, the Defendant stated to the effect that “The Defendant provided another person’s real estate as security to a financial institution and received a guarantee of payment, and then discounted it. In order to issue a guarantee of payment guarantee, the Defendant said that “the need for work cost is changed.”

However, since the defendant did not hold a guarantee certificate or a real estate for the issuance thereof, he did not have the intent or ability to get a loan even if he received money from the victim.

The defendant made such a false statement to the victim, and received 20 million won on the day, under the pretext of the loan brokerage fee, from the victim, and received 10 million won on December 28, 2008, respectively.

[2012 Highest 2154]

2. Defendant A’s fraud is a director of “stock company I” established for the purpose of manufacturing sports supplies, real estate leasing business, etc., and Defendant A was operating door-to-door sales business with the trade name of “stock company J” while attracting investment by using real estate with the owner’s consent to temporarily establishing security rights for the purpose of preparing corporate management funds, such as production funds, etc. developed by the said company.