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(영문) 서울중앙지방법원 2012.12.05 2012고단2431
사기
Text

Defendant

A Imprisonment with prison labor for two years, and for ten months, for each of the defendants B.

Reasons

Punishment of the crime

Defendant

A was sentenced to imprisonment with labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in the Seoul Central District Court on October 26, 2011, and the said judgment became final and conclusive on March 30, 2012.

1. Defendant A

A. On March 27, 2007, the Defendant: (a) at the Gangnam-gu Seoul E Co., Ltd. office; and (b) at the time of borrowing KRW 50 million from the victim F (the age of 63), the Defendant did not have any intent and ability to repay the principal, even if he borrowed KRW 50 million from the victim F; (c) the Defendant made a false statement to the victim that “if he/she borrowed KRW 50 million, he/she will include interest KRW 30 million,000,000,000,000 won after one month, and he/she received KRW 50 million from the victim to the deposit account in the name of G on the same day.”

B. On March 2007, the Defendant: (a) purchased a building near the H station by taking advantage of the victim’s real estate as collateral; (b) did not have the intent and ability to invest 200 million won in B’s sand gathering business by taking advantage of the building near the H station; (c) provided that the Defendant would make an investment of 200 million won in aggregate in B’s sand gathering business; (d) provided that the Defendant would purchase H building using it to obtain a loan of real estate located in Gangdong-gu Seoul Metropolitan Government as collateral; and (c) provided that “I would obtain a loan of the said I’s real estate by taking out it as collateral; and (d) again obtain a loan of 200 million won from the I’s real estate as collateral; and (e) would have the victim obtain a high profit from investing in B’s sand gathering business as collateral; and (e) would have the victim obtain a loan of 100,000 won in the name of the certified judicial scrivener at around April 9, 2007.

(c).

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