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(영문) 서울남부지방법원 2012.10.26 2012고단88

사기등

Text

Defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

On October 4, 2011, the Defendant had been sentenced to eight months of imprisonment for fraud, and on February 13, 2012, the said judgment became final and conclusive.

Punishment of the crime

[2012 Highest 88]

1. The defendant's sole criminal conduct;

A. On September 2007, the Defendant committed the crime against the victim B stated that the victim B would have repaid 22,00,000 won to the victim B, where he/she individually required to pay her money.

However, the defendant did not have any intent or ability to repay money even if he did not borrow money from the victim due to the absence of any particular income or assets such as dishonor.

On September 21, 2007, the Defendant, by deceiving the victim, received 20,000,000 won in cash and check from the victim on September 21, 2007. On September 2007, the Defendant received 1,100,000 won in cash from the above multilateral bank account from the police officer on September 1, 2007. On October 19, 2007, the Defendant received 22,000,000 won in total from the transfer to the new bank account in the name of the Defendant to the new bank account in the name of the Defendant.

B. Around December 31, 2008, the Defendant made a false statement that “If the Defendant applied for a loan to the bank in order to remove the Jongno-gu Seoul G detached Housing and block multi-household housing, but the loan did not yet have been made, 30,000,000 won, including the principal, until January 20, 2009.” However, the Defendant did not have any other property or income, and the Defendant did not have any other intent or ability to repay it even if he borrowed money from the victim because it did not have any other property or income. The Defendant deceiving the victim as above, and the Defendant received KRW 15,00,000,000 from the victim’s new bank in the name of the Defendant on December 31, 2008, KRW 15,000,000 including the principal from January 20, 209.