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(영문) 서울북부지방법원 2018.02.13 2016고단2855

사기등

Text

Defendant

A Imprisonment for three years, and Defendant B shall be punished by a fine of KRW 10 million.

The above fine shall be imposed on Defendant B.

Reasons

Punishment of the crime

"2016 Highest 2855"

1. Fraud;

A. On October 7, 2015, the Defendant: (a) at the “K Dental Center” room operated by the Defendant in the Jung-gu Seoul Metropolitan GovernmentJ; (b) at the victim L, who was introduced from those who came to know at the Internet investment site to obtain a loan, to obtain a loan; (c) “When there is a lack of money to replace x-ray equipment, etc. in a hospital for a long time, the principal shall be repaid without molding on December 7, 201, and the interest shall be paid in KRW 3.6 million each month.

In addition, as security, the transfer contract will be made for the hospital rental deposit amount of KRW 80 million paid to the building owner of the above hospital.

On October 20, 2015, the term “around October 20, 2015,” stating to the effect that “the victim lend additional money under the same conditions” to the victim.

However, at the time of fact, the Defendant was liable to pay approximately KRW 3 billion due to the lending of money from the bond company for the investment of stocks. The above dental operations revenue was insufficient to bear interest from KRW 30 million to KRW 40 million each month, and even if the Defendant borrowed money from another person in the form of a so-called “refusing money,” the Defendant did not have any intent or ability to pay the money even if he borrowed money from the victim, and the other creditors had already seized the right to return the above leased deposit and did not have the value of the above returned claim as collateral.

As such, the Defendant, by deceiving the victim, received from the victim, i.e., remittance of KRW 60 million from the victim, i.e., the remittance from the victim, and received KRW 10 million on October 20, 2015, and KRW 75 million on or around October 21, 2015, and received KRW 5 million in total.

B. On November 20, 2015, the Defendant: (a) around November 20, 2015, the victim M who became aware of through a lending consultant who arranged loans from the above “K Dental Office” office requires KRW 30 million as the operating expenses of the dental hospital.

The loan shall be used only for four months on the face of four months, and it shall be used on January 2016.