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(영문) 서울중앙지방법원 2018.05.10 2017고단3259

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Part of the defendant's right of defense shall be corrected ex officio to the extent that it does not infringe on the defendant's right of defense in 2017.

1. Around July 15, 2011, the Defendant: (a) made a false statement to the victim E, “D hotel” located in Gangnam-gu Seoul Metropolitan Government on July 15, 201; and (b) made a false statement to the victim E, stating, “I would recover the said vehicle while repaying the principal and KRW 5 million after one month of the loan to the victim E.

However, the fact was that the defendant was unable to make the defendant's name account due to the credit problem at the time of borrowing money from the victim, and that the bank was unable to obtain a loan from the bank, and thus, the victim was required to borrow money from the victim, so that there was no intention or ability to repay the money within one month even if he/she borrowed money from the victim.

On July 16, 201, the Defendant acquired and acquired 27 million won from the damaged person to the national bank account in the name of G on the same day, 9 million won from the above account in the name of G, and 9 million won from the foreign exchange bank account in the name of H to the foreign exchange bank account in the name of H on the same day.

2. On July 20, 2011, the Defendant, around the D hotel located in Gangnam-gu Seoul Metropolitan Government, made a false statement to the victim E, stating that the Defendant would recover the said vehicle while repaying the principal and interest after one month after the loan of KRW 27 million to the victim E.

However, the fact was that the defendant was unable to make the defendant's name account due to the credit problem at the time of borrowing money from the victim, and that the bank was unable to obtain a loan from the bank, and thus, the victim was required to borrow money from the victim, so that there was no intention or ability to repay the money within one month even if he/she borrowed money from the victim.

The defendant acquired 27 million won from the damaged person to the national bank account under the name of J on the same day by acquiring 27 million won.

"2017 Highest 8853" Defendant on October 27, 2017, the Gangdong-gu Seoul Metropolitan Government K ground around 02:30.