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(영문) 서울중앙지방법원 2013.12.18 2013고단714

사기

Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2013dan714] On September 20, 2009, the Defendant stated that “If a person lends money, he/she shall pay an amount equivalent to 1.5% of the principal per month to the victim C, and shall repay the D apartment owned by him/her within the fast time to sell it.”

However, in around 2004, the Defendant lent KRW 450 million to E, a constructor, a loan of KRW 350 million from other persons, but the Defendant continued to pay interest on KRW 350 million in borrowed money from E with the wind that does not receive any money from E, and at the time the financial status has deteriorated, the Defendant has been liable to F for a debt of KRW 250 million, KRW 210 million, and KRW 200 million, KRW 200,000,000 to G with the money borrowed from other persons, and there was a situation in which the Defendant paid approximately KRW 10,00,000 per month interest on such money borrowed from other persons, and there was no income at the time, and there was no intention or ability to pay the money even if he/she borrowed money from the victim because of the establishment of a large amount of mortgage and right to lease on a deposit basis.

Nevertheless, the Defendant received KRW 10 million from the victim C to May 3, 2012 as indicated in the list of crimes in the attached Table, including that he/she received KRW 10 million from the victim C to the victim C, and received KRW 380 million in total from the victim C and H for the 11-time loan.

[2013Kadan4350] Around January 2006, the Defendant concluded that “A sports center located in Seocho-gu Seoul Metropolitan Government I would pay as interest an amount equivalent to 1.5% of the principal of each month if it is necessary to pay money as family day, and lends money to the victim F” at the Sports Center located in Seocho-gu Seoul Metropolitan Government I.

However, the defendant borrowed KRW 350 million from other persons in 2004 and lent KRW 450 million to E who is a constructor, but he did not receive money from E from the end of 2004.