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(영문) 서울서부지방법원 2017.06.23 2016고단3962

사기등

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

2016 Highest 3962

1. On May 5, 2016, the Defendant called the victim E at the first floor D real estate office underground of the Mapo-gu Seoul Mapo-gu Seoul building (Seoul Mapo-gu) and lent money to the victim E in a more urgent manner.

5. Until 25. He said that he will complete the payment.

However, in fact, the Defendant had a debt worth of approximately KRW 180 million at the time, and was thought to use the money borrowed from the damaged person as personal debt repayment, living expenses, etc. in a situation where it is economically difficult to repay the money to the injured person to the extent that it is difficult to do so, and thus, he did not have any intent or ability to repay the money borrowed on the agreed date.

Defendant deceiving the victim as above and received KRW 17 million on the same day from the victim, and KRW 1,00,000 on May 7, 2016 from the Agricultural Cooperative Account (F) in the name of the Defendant.

2. The Defendant called the victim on May 13, 2016 and called “ several hundred billion Won” to the victim.

If the president, who had signed a building contract, purchased real estate together with another person, and that person requires too much of the profit, he/she would have borrowed 15 million won necessary to deduct the profit, then he/she would be paid 13 million won as profit.

In May 25, 2016, prior to the loaning KRW 18 million and KRW 15 million in a lump sum, the amount of profit of KRW 13 million plus KRW 46 million in total.

However, in fact, the Defendant did not purchase the above real estate, and thus did not have the intent or ability to pay profits to the victim. As such, there was no economic difficulty, so there was no intention or ability to pay the amount promised to the victim.

As above, the Defendant: (a) from the point of time to May 21, 2016, by deceiving the victim as above and receiving KRW 15 million from the victim as the agricultural bank account under the name of the Defendant for the same day; and (b) from May 21, 2016, the Defendant borrowed KRW 30,400,000 in total on four occasions, such as the list I of crimes committed in attached Form I.