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(영문) 서울중앙지방법원 2013.04.24 2011고단2732

사기등

Text

A defendant shall be punished by imprisonment for not less than two years and six months.

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

[2011 Highest 2732] The Defendant is a person who engages in precious metal sales store in the trade name of Jongno-gu Seoul Metropolitan Government E.

On May 2010, the Defendant indicated the Defendant’s above “F” to the victim D with an influence bail, and said, “If the Defendant loans KRW 100 million rapidly to be offered as a security, it would give KRW 100 million to the principal within three weeks, and interest thereon would be KRW 100 million.”

However, the above release on bail provided by the defendant as security was not fair, and its value was not more than 500 million won, and there was no intention or ability to repay the borrowed amount to the victim since the financial situation has deteriorated from July 2010 to the point that management expenses and monthly rent could not be paid.

As above, the Defendant, by deceiving the victim, received KRW 100 million on June 11, 201 from the victim who believed the security value of the bail and acquired it by deception.

[2012 Highest 3314]

1. The criminal defendant committed fraud by lending money to use real estate owned by G, known to the general public, as security.

On February 19, 2010, the Defendant introduced at the I certified judicial scrivener office located in Seocho-gu Seoul Metropolitan Government H Building 309, a woman who is an agent of the victimJ, to be G who is the land owner and could not know the name of the defendant's side of the defendant, as the land owner, and granted a registration right certificate, certificate of personal seal impression, resident registration certificate, etc. in G name.

However, at the time, the defendant introduced as G was not a real owner of the above real estate, and he was possessed under the name of G, such as a registration right certificate, a certificate of personal seal impression, and a certificate of seal impression. Therefore, he did not obtain consent from G as to the provision of the above real estate.

Nevertheless, the defendant deceiving K as above and is therefore named as the borrowed money from the victim through K.