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(영문) 서울중앙지방법원 2012.04.26 2011고단2203

사기

Text

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

Reasons

Punishment of the crime

1. On May 30, 2006, the Defendant against the victim D, at the F hotel coffee shop located in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, stated that “If the company’s funds are leased KRW 200 million and the company’s funds are required, the principal shall be repaid without paying the interest up to September 30, 2006, and the principal shall be paid up to September 30, 2006, and the amount of KRW 367.22 million (per bond KRW 18,3610,00) shall be paid from Korea-NFC Co., Ltd., and the amount of the principal shall be paid up to KRW 360,722,00 (per bond 10,000 won) shall be offered as security the right to sell bonds of KRW 103,103, 104, 104, and 2,006.”

However, in fact, even if the Defendant borrowed money from others due to a very difficult financial situation of KRW 700 million of the Defendant’s debt at the time, there was no intention or ability to make timely repayment, and there was no intention or ability to transfer ownership to others with respect to the above I Apartment Nos. 103, 103 and 104.

Nevertheless, as above, the defendant deceivingd the victim D and transferred KRW 200 million from the above victim to the national bank account (K) in the name of J on the same day.

2. On March 15, 2007, the criminal defendant against the victim L said that “an employee’s wage is not paid to the victim L at the coffee shop located in Gangnam-gu Seoul, Gangnam-gu, Seoul. Around March 15, 2007, the defendant offered N apartment 106 Dong-dong 902 as collateral and repaid the claim as recovered.”

However, the fact is that the financial situation of G was very difficult at the time, and the M company failed to complete the apartment construction, and all claims against M company were recovered and the right to occupy the M company was not effective, and there was no intention or ability to make timely repayment even if it was borrowed money from the above victim.

Nevertheless, the Defendant is the victim L.