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(영문) 서울중앙지방법원 2015.03.24 2014고단5686
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

[2014 Highest 5686] The defendant had a mind to obtain money from the victim F who was aware of in the course of the introduction of E as an unqualified person from the victim F for the purpose of borrowing money.

1. On December 9, 2011, the Defendant made a false statement to the victim of the mutual infinite coffee shop located in Gangnam-gu Seoul, Gangnam-gu, Seoul, stating that “If he/she lends KRW 60 million to the victim, he/she shall pay interest on the second part of the month, and he/she shall pay it in full without molding until March 19, 2012.”

However, in fact, the Defendant was able to deduct the interest from the interest of the Defendant or pay the interest only by the so-called “competing” method. Ultimately, on November 20, 2013, the Defendant did not have any intent or ability to pay the interest even if he/she borrowed money from the victim, such as filing for bankruptcy with the Seoul Central District Court about the amount equivalent to KRW 480,000,000,000 and the amount equivalent to KRW 477,70,000,000,000,00

As such, the Defendant, by deceiving the victim, received 60 million won in cash from the victim immediately, and acquired it by fraud.

2. On August 7, 2012, the Defendant, at the first floor of the building located in Gangnam-gu Seoul Metropolitan Government, concluded that “The head of the agricultural cooperative, who knows in the agricultural cooperative, has a head of the agricultural cooperative, and it is necessary to obtain a compulsory auction for real estate from the agricultural cooperative. The head of the agricultural cooperative branch, upon receipt of an auction, granted a security loan immediately. The head of the agricultural cooperative branch, who borrowed KRW 100,000,000, would pay a monthly interest up to October 17, 2012.”

However, the defendant did not have any intention or ability to repay the borrowed money from the victim, such as the statement in Paragraph 1.

As such, the Defendant, by deceiving the victim, obtained KRW 97 million from the victim to the Defendant’s new bank account on the same day, after deducting KRW 3 million from the Defendant’s interest.

3. On December 23, 2012, the Defendant: (a) on December 23, 2012, the Defendant is obliged to pay the Victim with the money borrowed from Hmanma in the Defendant’s residence.

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