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(영문) 서울북부지방법원 2017.02.14 2016고단4054

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On November 2014, the criminal defendant against the victim C stated, “The victim is working to lend money to the victim by taking the vehicle at home as security, and the amount of 5% interest per week on the loan of KRW 20 million is needed, and the principal shall be paid at any time by the party at any time after the month when the party requests repayment of principal.”

However, in fact, the Defendant was thought to use the car center in the name of “F” located in Dobong-gu Seoul, Seoul, where the Defendant, who was irrelevant to the loan of most of the funds borrowed from the damaged party, to use the funds borrowed from the damaged party for the vehicle security loan. ② Even if the Defendant used part of the funds borrowed from the damaged party for the vehicle security loan, he was thought to use the funds repaid from the obligor to the car center. ③ There was no particular property or income, and there was no way to repay the funds borrowed from the damaged party other than the profits arising from the operation of the car center. However, the above car center concluded a contract with G of the building owner around December 2014, while the Defendant entered into the lease deposit and premium amount of KRW 100 million with the building owner, the funds owned by the Defendant were merely KRW 10 million, and thus it was difficult for the victimized party to normally perform the contract and operate the car center. Therefore, even if the funds were borrowed from the damaged party,

Accordingly, on December 10, 2014, the Defendant acquired money from the injured party with the Defendant’s wife H bank account (I) KRW 18 million, and on January 13, 2015, KRW 19 million,000,000,000 from the Defendant’s corporate bank account (J) as the borrowed money.

2. Fraud to K of a victim;

A. On January 2015, the Defendant paid 4% interest per month on the part of the victim’s “M” store located in the Gyeonggi-do Government Si L in order to operate the victim’s “M” store, which is located in the Gyeonggi-do Government L, for the purpose of lending money to the victim as security, and the funds are required, and the principal amount is paid.