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(영문) 서울동부지방법원 2014.01.22 2013고단342
사기
Text

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

Reasons

Punishment of the crime

1. On August 29, 2011, the Defendant made a false statement to the victim B, stating, “The Defendant may purchase and sell profits from dumping.” If the Defendant borrowed KRW 3 million for the purchase cost of the scrap, he/she would have to complete payment within a week.”

However, even if the defendant borrowed money from the victim, the defendant did not have the intent and ability to repay it in time.

Nevertheless, the Defendant made a false statement to the victim and received KRW 3 million from the victim’s bank account under the name of the Defendant on August 29, 201, and received KRW 7 million in total, including KRW 2 million on December 22, 2011 and KRW 9 million on March 9, 2012.

2. On March 11, 2012, the Defendant stated that, in the above victim’s house located in Jongno-gu Seoul Jongno-gu Seoul Metropolitan Government C501(D), the Defendant loaned KRW 50 million to the victim the money to be used to prevent the said house from being put out of auction because the business was defaulted, and the house became out of auction. If the land owned by the mother is lent, the Defendant would be repaid if it is sold.

However, the Defendant did not have any intention or ability to repay the money borrowed from the victim, while the Defendant did not have the land owned by the mother who promised to sell it to the victim.

Nevertheless, on March 12, 2012, the Defendant made a false statement to the victim, and received KRW 50 million from the victim to the company bank account in the name of the Defendant.

3. On May 30, 2012, the Defendant: “Around May 30, 2012, the Defendant leased KRW 2 million to the said victim, on the ground that he/she had owned the land, but can inherit the land to pay the tax amount of KRW 2 million.”

However, in fact, the Defendant did not have any land owned by the mother.

Nevertheless, the defendant made a false statement to the victim and received 2 million won from the victim to the company bank account in the name of the defendant on the same day.

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