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(영문) 광주지방법원 2015.06.03 2014고단4405
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

1. The defrauded Defendant is a person operating a “H” company in Seo-gu, Gwangju Metropolitan City.

On October 05, 2013, the Defendant made a false statement to the victim I (Nam, 62 years of age) and the J that “I would pay 100 million won in cash within three days after confirming the balance certificate if I borrowed a cash of KRW 100 million as the balance certificate of the corporation is urgently required,” and the victim I believed that “I would lend money to J in a more fashion.”

However, the Defendant did not intend to use the balance certificate even if the Defendant received the loan from the victim I or J, and did not have the ability to repay the above amount when the personal debt was 75 million won at the time.

Nevertheless, the Defendant received KRW 30 million from J to the account in the name of “H” operated by the Defendant on January 10, 2013 under the victim I’s guarantee.

Accordingly, the defendant was given property by deceiving the victim I.

2. Around January 31, 2013, the Defendant said that the “Lreal estate office” located in the Seo-gu Seoul Metropolitan City, stating that the victim M is entitled to receive construction payments if the costs incurred in receiving construction payments are insufficient, and the Defendant borrowed KRW 10 million to the victim M.

However, at the time, the defendant did not have any clear business outlook in the absence of any other property or income, and even if he borrowed money from the victim, he did not have any intention or ability to timely refrain from such lending.

Nevertheless, the Defendant received 10 million won as the borrowed money from the victim's bank account in the name of the Defendant on the same day from the victim and acquired it by fraud.

The defendant, from that time to that time,

7. From the same place until the end of 25.25, the sum total of 24 million won from the victim four times in total, such as the list of crimes in the annexed sheet.

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