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(영문) 서울동부지방법원 2017.09.21 2017고단2034

사기

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On January 28, 2016, the Defendant was sentenced to one year of imprisonment for a crime of fraud, etc. at the method of flood control, and the judgment became final and conclusive on May 20, 2016.

1. On April 20, 2015, the Defendant provided the victim C with a loan of KRW 200 million as security and paid the principal and interest within three months with a annual interest rate of KRW 34.9% on the street in front of Gangnam-gu Seoul, Seoul.

However, in fact, the above car is a lease vehicle owned by SP Capital, and the defendant was unable to provide it as security to the victim, and the defendant did not have the ability or intent to pay the money even if he borrowed the money from the injured party because he was absent from the Internet gambling, and the defendant was in a situation that prevents him from returning the debt equivalent to KRW 100 million.

Nevertheless, the Defendant, as seen above, by deceiving the victim and deceiving the victim from the victim to the national bank account in the name of the Defendant’s punishment D, 20 million won after deducting the amount of KRW 6 million from the prior interest and KRW 19.4 million.

2. On April 21, 2015, the Defendant stated that “Around April 21, 2015, the Defendant provided the said victim with a loan of KRW 20 million as security and repaid the principal and interest within three months with the annual interest rate of KRW 34.9%.”

However, in fact, the above car is a lease vehicle owned by Industrial Bank Capital Capital Co., Ltd., and the defendant was unable to provide it as security to the victim, and the defendant was in a situation where he was unable to return the debt equivalent to KRW 100 million to the Internet gambling, and even if he borrowed money from the damaged person, he did not have the ability or intent to repay it.

Nevertheless, the Defendant, by deceiving the victim as above and by deceiving the victim, received the remittance of KRW 19,40,000,000,000,000 from the national bank account in the above name D, after deducting the prior interest and KRW 6,000,000,00 from the victim.

3. On April 24, 2015, the Defendant lent KRW 20 million to the above victim at the above place on April 24, 2015, BMW760Li.