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(영문) 서울북부지방법원 2016.10.19 2015고단4462
사기
Text

1. The defendant A shall be punished by imprisonment with prison labor for ten months;

2. Defendant B shall be punished by imprisonment for six months;

except that this judgment.

Reasons

Punishment of the crime

[2] On December 5, 2012, at the K office located in Gangnam-gu Seoul Metropolitan Government J and 601, the Defendant made a false statement to the effect that “The house owner has a deposit amount of KRW 70 million as of the date on which the house owner would raise the deposit amount of KRW 20 million.”

However, the fact is that the defendant was living in Seoul Special Metropolitan City, Nowon-gu L 202 (hereinafter “instant building”) and KRW 70 million (hereinafter “the instant deposit”) is owned by the SH Corporation. Since the defendant did not own any property any other than the occupant, he did not have any intention or ability to repay the said deposit even if he borrowed KRW 25 million from the K in charge of the settlement of the victim’s bonds as collateral.

The Defendant, by deceiving the victim as above, received money from the victim under the name of M as a loan from the victim and acquired it under the name of the victim as a loan amounting to KRW 20 million, and KRW 25 million,000,000,000 from the national bank account in the name of the Defendant.

[2016 Highest 387 (Defendant A, Defendant B) heard the speech that Defendant A would be able to obtain a loan from Defendant B on April 2012, and upon receiving a proposal from Defendant B, Defendant A introduced that “I would obtain a loan from a non-exclusive loan broker (N) who became aware of the Internet search, purchase a sofacing machine and then sell it.”

Therefore, the Defendants and one-person “N” obtained a loan for the purchase of the sofacing machine in Defendant B’s name, purchased the sofacing machine with the loan, and raised money by selling it.

After that, Defendant B’s statement that “A” with N when entering into a loan contract with Defendant A is “P” located in P located in Seo-gu Seoul Metropolitan Government, Chungcheongnam-gu, Cheongju-si, Cheongju-si.

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