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(영문) 서울중앙지방법원 2016.09.20 2016고단4172
사기
Text

Defendants shall be punished by imprisonment for ten months.

However, the defendant B is above two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A is a person who was sentenced to three years of imprisonment for embezzlement at the Seoul Southern District Court on May 21, 2015 and the judgment becomes final and conclusive on July 21, 2015.

Defendants were de facto in a de facto marital relationship, and were engaged in loan business with the trade name “E” in Seocho-gu Seoul Metropolitan Government D 301 from October 2010 to September 2014.

1. On July 20, 2012, Defendant A’s fraud: (a) borrowed 120 million won from F from F on and around July 20, 2012; and (b) acquired money from the old room that provides security.

On November 9, 2012, at the above loan business office around November 2012, the victim F was remitted from the victim F to the account in the name of G on the same day on the same day, with the purport that the victim F would create a right to collateral security on a building located in the Sinsan-dong, Sing-si, Sinsan-dong.

However, even if you receive money from the injured party, there was no intention or ability to establish the right to collateral security on real estate.

As such, the Defendant, by deceiving the victim F, acquired five million won.

2. The Defendants, even though they had been responsible for a lot of debts before running the lending business, conspired to acquire money under the name of the borrowed money by hiding it.

A. At the above loan business office around January 2013, the Defendants made a false statement to the victim H that “the Defendants would have a lot of interest on the loan of money because they had a lot of property other than the construction of new buildings in the Gyeonggi Dobcheon,” and received a remittance of KRW 55 million from the damaged party to the B’s account around January 10, 2013, and received KRW 50 million from the damaged party to the same account around February 7, 2013.

However, there was no intention or ability to repay the principal and interest in a timely manner even if the creditors bear a total of at least 1.6 billion won and borrow money from the injured party.

As such, the Defendants conspired to deception the victim H and acquired 1.5 million won by deceiving the victim H.

B. At around February 4, 2013, at the office of the above loan business;

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