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(영문) 서울중앙지방법원 2016.08.18 2015고단3291
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

(e).

Reasons

Punishment of the crime

1. On April 11, 2014, the Defendant’s fraud, around April 11, 2014, may purchase 500 million won for E-owned land at the Dongjak-gu Seoul Metropolitan Government Guro-dong 630 Ground 1, 1, 200 office, and the victim D’s “E is friendly with two ties, and 30 million won for E-owned land.

If a person lends KRW 30 million, he/she may purchase the land and obtain a loan and make an investment in the widthing company after taking it as security.

The phrase “ makes a false statement.”

However, in fact, the land for which the defendant wants to purchase is 6.5 billion won or more, and the defendant was about to raise funds to purchase the land using the money received from the damaged party, and it was unclear whether to purchase the land or not. In addition, since the defendant thought that part of the money received from the damaged person is to be used as the business fund of the defendant, he did not have the intent or ability to invest in the victim's company by purchasing the land and borrowing it as collateral.

Nevertheless, the Defendant, by deceiving the victim as such, received money from the victim to transfer KRW 29,40,000,000 on the same day to the Saemaul Treasury account under the name of the Defendant, and acquired money from the victim, including KRW 5,000,000,000, which was deducted from the interest on the 14th day of the same month, and KRW 19,40,000, which was deducted from the interest on the 14th day of the same month.

2. On April 21, 2014, the Defendant may bring about KRW 100 million on the part of the said victim D at the place described in the foregoing paragraph 1 around April 21, 2014 and at the same time, the said victim D may bring about KRW 100 million, if the Defendant paid money.

The term "a loan of 5 million won has been changed because the money in question now has 5 million won."

However, the defendant was thought to use the money from the damaged person as the business fund of the defendant, and there was no intention or ability to bring about KRW 100 million.

Nevertheless, the defendant deceivings the victim as such and belongs to this, the Saemaeul Credit Cooperatives as of the same day from the victim.

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