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(영문) 수원지방법원 안산지원 2013.05.15 2012고단480

사기등

Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

On January 19, 2012, the Defendant was sentenced to a suspended sentence of ten months in the Incheon District Court for criminal fraud, etc., and the judgment was finalized on January 27, 2012.

[2012 Highest 480] The Defendant said, around June 2009, at the funeral hall of Jindo-do, that “B” the victim C may pay 10% interest per month until the principal of the loan is returned.”

However, the defendant had no ability to pay interest on 10% per month until principal is repaid due to the failure to engage in the bond business, and the defendant was willing to use the money as living expenses and money in excess of the amount received from the victim.

Accordingly, the victim obtained a loan from the Defendant’s office as security on July 7, 2009 and transferred 41 million won in total, including 25 million won around July 10, 2009 and 16 million won around July 10, 2009 to the bank account in the name of the Defendant.

As a result, the Defendant was given KRW 41 million by deceiving the victim.

[2013 Highest 574] The defendant is operating an early import company.

The damages of KRW 160,00,000 have been assessed, and even if the personal debt exceeds KRW 80,000,000, it did not have any intention or ability to repay with others even though it borrowed money from others.

1. On November 13, 201, the Defendant, at the office D, 5th E in the Gyeonggi City, concluded an apartment lease agreement with the victim F, stating the deposit of KRW 130,00,00 in the name of G, with the victim F, and concluded a false statement stating, “The above agreement has been secured on the money to be received from G. If the money in the city is above 50,000,000 won, the Defendant would offer this agreement as security and pay interest every month, and if the principal is requested, the principal will be paid within three months.”

However, there was no fact that G received the above contract as security.

Around November 14, 201, the Defendant, from the victim, opened a passbook of a national bank (Account Number: H) in the name of the Defendant. < Amended by Presidential Decree No. 17005, Nov. 14, 201>