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(영문) 서울남부지방법원 2017.12.15 2017고단3374

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On September 20, 2005, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Southern District Court on September 20, 2005, and the execution of the sentence was terminated at the Seoul Southern District Court on November 13, 2005.

1. From October 2008 to March 27, 2012, the defrauded Defendant: (a) borrowed KRW 500 million from the victim C in 2000 and did not pay the said money; (b) was in need of the money; and (c) was to acquire additional money from the victim.

On October 26, 2008, the Defendant borrowed money from the victim's house located in the 6-202 Dong Dong-dong building D, Dong-si, Gyeonggi-do on October 26, 200 to pay it within one week from the victim's house.

In addition, it is expected that the money will be repaid even with the previous loan.

The phrase “the phrase was false.”

However, in 199, the Defendant was engaged in the ordinary construction business and became bad credit holders, and the Defendant was in the remaining debt amounting to approximately KRW 1.1 billion, and was unable to pay KRW 500 million borrowed from the injured party around 2001. At the time of October 2008, the Defendant was in the office of monthly rent of KRW 5,500,000 per month and did not have any special property or fixed income, and around October 2009, the Defendant was in the state of F-do sales, which was opened in the name of Asia around 2010, and around 2010, the Busan apartment reconstruction business, etc. was in the state of having been in the absence of intention or ability to change within the due date, and there was no intention or ability to use money from the injured party.

Around October 26, 2008, the Defendant: (a) by deceiving the victim as above; (b) received 400,000 won from the damaged party to the E’s account in the name of the Defendant; (c) and (d) received from around that time to March 27, 2012 an aggregate of KRW 136,410,00 in total as the borrowed money for 55 occasions, as shown in attached Table 1.

2. From September 2015 to July 2016, the defrauded Defendant is the victim C.