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(영문) 서울중앙지방법원 2016.11.09 2016고단1128
사기
Text

1. Defendant A shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[Criminal Power] On December 23, 2009, Defendant A sentenced the Seoul Central District Court to three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), etc., and completed the execution of the sentence on July 2, 2012.

【Criminal Facts】

Defendant

A on April 7, 2014, at the I coffee shop located in Seocho-gu Seoul Metropolitan Government H apartment complex, “A is scheduled to provide real estate owned by K as security to a bank and to obtain a loan of 400 million won or more. If the above money is paid, it is necessary to use KRW 150 million or more. It is required to first request the amount of the loan, which is 10% of the loan. I would return the money without the loan. I would return the money.” On April 8, 2014, the Defendants displayed the confirmation letter in the name of K, which Defendant B brought to the victim at the same place, and “I would receive KRW 201 through 271,000,000 from K if I borrowed the money to the bank for the loan of KRW 40,000,000,000,000,000,0000,000,000 won or more.”

However, in fact, the Defendants did not know the real value of the above commercial building as well as whether the above commercial building can be provided as a security, and when replacing a security, the bank did not have any intention or ability to return 40,000 won to the victims in a case where the Defendants provided the above amount as a security to replace the above commercial building in accordance with an agreement with the victims, and then would normally promote the lending of 150,000 won to the victims by borrowing the above amount from the bank, or would make it impossible to lend money due to the non-commercial reason.

In this respect.

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