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(영문) 서울중앙지방법원 2014.11.12 2014고단6933
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 22, 2013, the Defendant borrowed KRW 30 million as a joint and several surety to the victim C, who is a member motive of the company, by stating that it is insufficient money to open a "bruc Track" business, and that if she intends to borrow KRW 30 million from the lending company to borrow 30 million from the lending company as a security deposit, she will use the loan as a security deposit if she joint and several suretys, and to ensure that she would not have any problem by repaying her debt after one month because she has paid her own stocks and funds. However, the Defendant did not think that she would open her business, but did not want to use her stocks and funds at the time. The Defendant lent her loans to her male job offering D rather than using her loans as a security deposit.

After that, around October 31, 2013, the Defendant received KRW 5 million from the victim, stating that “I will pay the down payment after borrowing KRW 10 million from the leased enterprise,” from the victim at a cafeteria near Seongbuk-gu Seoul, Seongbuk-gu, Seoul, by stating that “I will pay the down payment after borrowing KRW 10 million from the leased enterprise. I will pay the down payment after one month,” and again receive the money from the victim around November 6, 2013, by stating that “I will pay the down payment if I will lend KRW 5 million to Lestop down payment. I will pay the full payment if I will pay the down payment more than KRW 5 million.” On December 4, 2013, the Defendant received the money from the victim, stating that “I will pay back the money due to a mistake of stocks and funds if I will lend KRW 5 million to the lender.”

However, the defendant used 20 million won as Lestop down payment borrowed from the victim, or did not deposit it into his own stocks and the fund account, but lent it to Do by the defendant's male-friendly family.

However, the defendant's male-friendly D does not have a certain amount of income as a family head, and it is the money that the defendant had prior to the loan from the defendant and the above 30 million won.

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