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(영문) 서울동부지방법원 2016.04.05 2016고단307
사기
Text

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

Reasons

Punishment of the crime

The Defendant did not have cash in around March 2008 and around December 2009. Before around March 2008, the Defendant had no cash assets except KRW 8,140,868, which was deposited in the account of three securities and KS securities in the future under the name of the Defendant, with failure to make investments in the shares, and had no cash assets. In the case of the land and buildings located in the jurisdiction of the Defendant, the mortgage was established with the maximum amount of KRW 65,00,000 for creditors, and there was little value of collateral for the above land and buildings. On the other hand, the Defendant did not have any specific property. On the other hand, around March 2008, the Defendant did not have the ability to repay KRW 57,562,000,000 for the above land and buildings, the obligation of KRW 47,562,000 for Hyundai Insurance Co., Ltd., Ltd. with no money equivalent to KRW 370,708,700,7000.

1. On March 27, 2008, the Defendant: “AD requires money by means of internal bonds” to the injured party AD at a remote area below the prime city around March 27, 2008

After the second month of the month, the payment was made in false manner with interest of KRW 1 million.

Accordingly, the Defendant, by deceiving the victim as above, was transferred KRW 50 million to the account in the name of the Defendant on the same day from the victim to the account in the name of the Defendant.

2. On December 22, 2009, the Defendant stated that “The Defendant would pay the Victim AD with the money that is urgently needed to terminate the bad credit standing, and with the money borrowed from the Party prior to the loan of money, KRW 3 million per month, along with the money borrowed from the Party.”

Accordingly, the Defendant deceivings the victim as above, and thereby, 3 million won around December 22, 2009 from the damaged person to the account under the name of the Defendant.

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