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(영문) 서울서부지방법원 2017.11.10 2016고단2796
사기
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A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

2016 Highest 2796

1. On March 12, 2015, at around 15:00, the Defendant was unable to purchase the borrowed money by calls from the victim C, and the down payment is insufficient to purchase the money as “the machine 6.5 strawing machine is good.”

A contract deposit of KRW 3 million shall be lent by the end of March 2015.

The phrase “ makes a false statement.”

However, the Defendant had no intention or ability to repay the debt to the Korea Credit Guarantee Fund at the time, even if he/she borrowed money from the damaged party due to the fact that the Defendant had an obligation to pay KRW 88 million and there is no special revenue and there is no other reason to do so.

Ultimately, the Defendant, by deceiving the victim as above, received KRW 3 million from the Saemaul Bank account (Account Number: D) in the name of the Defendant from the injured party under the pretext of borrowing money, and transferred KRW 134,61,351 in total over 35 times from that time to December 15, 2015, and received KRW 61,661,351 in total from September 8, 2015 to March 31, 2016, and acquired KRW 73,661,351, which is the difference.

2. On April 10, 2015, the Defendant, at around 14:00, would pay the leased amount or transfer the leased amount to Samsung Card, the lessee, from the “F office” for the operation of the Victim C, the Victim C, “F office” of the Victim C, and the Victim, from June 2015 to June 2015.

The phrase “ makes a false statement.”

However, the Defendant had no intention or ability to pay the lease price or transfer the lease obligation even if he leases the processing facility under the name of the victim because the Defendant’s debt to the Credit Guarantee Fund was approximately KRW 88 million and there was no special revenue and other financial difficulties.

Ultimately, the Defendant deceivings the victim as above, and caused the victim to do so, to the sum totaling KRW 222,50,000 from Samsung Card (ju) around that time.

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