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(영문) 서울동부지방법원 2014.07.24 2014고단507
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] On December 28, 2011, the Defendant was sentenced to eight months of imprisonment for fraud at the Seoul Eastern District Court on May 5, 2012, and completed the execution of the sentence at Seongdong-gu District Court on May 5, 2012.

【Criminal Facts】

1. Fraud against victim F;

A. On August 7, 2013, the Defendant made a false statement to the victim F’s H farming association office located in Yeongdeungpo-gu Seoul Metropolitan Government, stating that “The Defendant would purchase the Plaintiff’s land located in the Gyeonggi-do Daesung-do as a collateral and obtain a loan of 5 billion won as a collateral, if the Defendant would have paid KRW 60 million for the issuance of a letter of guarantee for the agricultural credit guarantee and KRW 500,000,000,000,000,00

However, even if the defendant receives the cost of issuing a credit guarantee from the victim, the defendant did not have the intention or ability to allow the victim to get the loan.

The Defendant, as such, by deceiving the victim, received KRW 60,500,000 from the victim on the same day.

B. On August 21, 2013, the Defendant made a false statement by phone call to the above victim F, stating that “The Defendant would have a legal entity registered in the name of the victim so that it would be given a loan of 3 billion won as security. The Defendant sent a letter of guarantee for the Agricultural Cooperatives Credit Guarantee to KRW 60 million.”

However, even if the defendant receives the cost of issuing a letter of guarantee from the victim, the defendant did not have the intention or ability to allow the victim to get a loan.

The Defendant, as such, by deceiving the victim, received KRW 60 million from the victim on the same day.

C. On September 4, 2013, the Defendant made a false statement to the said victim F that “AF requires KRW 10 million in terms of the activity expenses for the employees of the agricultural cooperative for loan implementation” at the seat of the Gyeonggi-ri Building Scar in Seoul Special Metropolitan City.

However, even if the defendant receives KRW 10 million from the victim as activity expenses for agricultural personnel, he/she did not plan to use it as activity expenses for the loan, and will or ability to allow the victim to obtain the loan.

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