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(영문) 서울중앙지방법원 2014.09.04 2014고단2086

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[2014 Highest 2086] Around October 15, 2013, the Defendant said that “If the Defendant leased KRW 30 million to the victim E by putting a phone at the entrusted office of the Gangnam-gu Seoul Gangnam-gu Seoul Metropolitan Government SC Bank, the Defendant would have repaid the customer’s loan to this money and repaid the interest rate of 0.2% and the principal within 10 days after receiving the money, since the customer’s loan will disappear.”

However, even if the Defendant borrowed money from the victim due to his/her repayment of the debt at the time, he/she did not wish to repay the loan to another person, and even if he/she borrowed money from the victim with the debt amounting to KRW 270 million, he/she did not have any intention or ability to repay the loan within 10 days even if he/she borrowed money from the victim.

Nevertheless, the Defendant, by deceiving the victim as such, received 30 million won from the victim to the corporate bank account in the name of the Defendant, and acquired it by fraud.

[2014 Highest 3146] On May 2, 2013, the Defendant stated, “Around May 2, 2013, at the office of G Co., Ltd. located in Mapo-gu Seoul Metropolitan Government F Co., Ltd., that “The Defendant will pay 0.1% interest from 0.2% per day if he/she lends money to the victim H.

However, the fact is that the defendant has a debt equivalent to 270 million won, and the defendant has no intention or ability to repay the money even if he borrowed the money from the victim due to the circumstance that he has borrowed the money from the victim to return the principal and interest of other debts.

Nevertheless, the Defendant, as such, by deceiving the victim, received KRW 40 million from the victim on the same day and received KRW 40 million from the victim on the same day from around that time until August 20, 2013, and obtained KRW 285 million in total from three victims, such as the list of crimes in the attached Form.

Summary of Evidence

[2014 Highest 2086]

1. Defendant's legal statement;

1. Statement of the police statement of E;

1. Details of passbook transactions [2014 high-ranking 3146];

1. The defendant's legal statement 1.