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(영문) 서울중앙지방법원 2013.05.22 2012고단2635

사기

Text

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

Reasons

Punishment of the crime

On February 22, 2012, the Defendant was sentenced to imprisonment with prison labor at the Seoul Central District Court for fraud and one year and six months for the same year.

4.27. A person for whom the above judgment has become final and conclusive.

[2012 Highest 3796]

1. Around March 15, 2007, the Defendant stated to the effect that “G” hotel coffee shop located in Gangnam-gu Seoul, Seoul, the victim H and I shall take over the land as KRW 7 billion to K Co., Ltd. (hereinafter “K”), which is entrusted with the site (hereinafter “K”), at KRW 500 million. First of all, the Defendant paid the down payment amount of KRW 500 million and paid the remainder by receiving KRW 118 billion from the SF loan from the community credit cooperatives. As there is only KRW 200 million in the current number, the Defendant would pay the remainder of KRW 300 million with interest of KRW 150 million after one week if he/she lends the remainder of KRW 300 million.”

However, at the time of November 8, 2006, the Defendant had already renounced the shares of K and had no intent or ability to take over K, which is an executor, and it was impossible for K to take out the PF loan within one week. In the situation where the Defendant’s personal liability amounting to KRW 500 million, the Defendant borrowed money from the above victims and the Defendant thought that he would have repaid the debt incurred from the Gangwon-do Casino, so even if he borrowed money from the above victims, there was no intention or ability to fully repay it.

As above, the Defendant deceiving the above victims, and transferred KRW 100 million from the victim H around that time, and acquired a cashier's checks of KRW 100 million from the victim I at the same place, and acquired a total of KRW 200 million.

2. Around March 24, 2007, the Defendant: (a) at the hotel hotel room in the Gangwon-do Seowon-gun, Seowon-gun, Seowon-gun, the Defendant: “Around March 24, 2007, the Victim L was the representative of the city and the real estate sales company, and was playing in a casino, and he was making all the company’s money in gambling; (b) the Defendant would receive 300 million won from the company with a PF loan and repaid 5% interest to the principal.”