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(영문) 서울남부지방법원 2012.10.26 2011고단4422
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The defendant was a person who was engaged in the sales agency business of Guro-gu Seoul Metropolitan Government D shop, and the victim C was aware of the above commercial building on June 15, 2010.

1. 피고인은 2010. 7. 10.경 위 상가 4층 분양사무실에서 피해자에게, 돈을 빌려주면 매월 150만 원을 이자로 주겠다고 말하고, 이미 피고인이 후배에게 7,000만 원을 빌려 매달 이자로 300만 원씩 주고 있으며, 탤런트 E으로부터도 2,000만 원을 빌려 매달 이자로 70만 원씩 주고 있다면서 이자를 보냈다는 송금전표를 피해자에게 보여주고, 피해자가 분양받은 상가에 프리미엄을 붙여 팔아주겠다면서 한 달 전에만 돌려달라고 말하면 곧바로 돈을 갚겠다고 말하였다.

However, the defendant did not have the intention or ability to repay the interest because it is difficult to observe the promise to pay the interest every 1.5 million won to the victim due to the lack of proper import since the sale of the above commercial building, which was already conducted as a sales agent, has not been made.

The Defendant, as above, was issued a cashier’s check at the face value of 35 million won around July 15, 2010 by the victim.

2. On November 2, 2010, the Defendant stated that “A single buyer entered into a commercial sales contract with the victim by telephone, and that “A single buyer entered into a commercial sales contract with the person on November 17, 201, and the down payment shall be deposited in the company, but the sales commission shall be collected only when the down payment is paid to the company.” The Defendant said that “A buyer will return the down payment KRW 700,000 and KRW 15 million,000,000,000,000,000,000,000,000 won

However, in fact, if the sales contract of F by the buyer was made on January 3, 201 and the victim borrowed money from the victim, it was thought that the victim would use it as the expenses for the business of the sales agency operated by the defendant, even though it was not in the situation of the down payment.

The defendant.

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