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(영문) 서울동부지방법원 2015.05.22 2015고단471
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On June 26, 2013, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment for fraud at the Seoul Central District Court on July 4, 2013, which became final and conclusive on July 4, 2013.

1. Crimes against victims C;

A. On August 23, 2011, the Defendant made a false statement to the victim C (the age of 44) stating that “The Defendant is unable to provide the time-to-day amount by walking with the ethm money. If the time-to-day amount is not given, the Defendant would lose credit. If the Defendant borrowed KRW 100 million, it would have to be repaid at least by the beginning of September at the latest.”

However, the defendant did not have certain income or specific assets at the time, and there was no intention or ability to repay even if he borrowed money from others, as it is difficult to pay more than KRW 17 million each month of payment.

The Defendant received KRW 100,000 from the victim on the same day in the name of the Defendant from the Korean Cit Bank account (Account Number: D) on the same day.

B. On December 23, 2011, the Defendant issued a lease contract made in the name of the Defendant to the above victim at a place where it is unknown on or around December 23, 2011, and falsely concluded that “In order to open estics in order to open the skin room together with its partners, the amount of KRW 100 million is needed as the cost of equipment. If the Defendant borrowed more than KRW 100 million, the Defendant would pay KRW 200 million in total, including KRW 100 million borrowed prior to February 24, 2012. The Defendant would offer the lease deposit of the tactical F in Gangnam-gu and the security deposit for the said estic lease as security.”

However, in fact, the deposit under the above F business site lease agreement was KRW 50 million, but actually paid KRW 30 million, and the deposit under the EM business site lease agreement was KRW 100 million, but actually paid KRW 50 million, but was concealed by the victim. At the time, the Defendant did not have certain income or particular property, and the Defendant did not have any debt equivalent to KRW 100 million as stated in the above paragraph (a) and KRW 60 million as to G.

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