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(영문) 서울서부지방법원 2019.09.25 2019고단35
사기
Text

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

An application for compensation by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

Around January 13, 2015, the Defendant stated that “Around January 13, 2015, the Defendant borrowed the cost of exchange for C’s business funds, such as the construction cost, etc., on the part of the victim B, while displaying the claim certificate of the face value of 1 billion U.S. at the victim B, and made a false statement on the part of the Defendant.”

However, in fact, since the certificate of credit presented by the defendant to the victim was not a claim that can be recovered normally, it is impossible to cashize, and the defendant did not have any property or income, so there was no intention or ability to repay the money borrowed from the victim.

Nevertheless, the Defendant, by deceiving the victim as such, received 2 million won from the E bank account (F) in the name of the victim under the name of the victim as the borrowed money from the victim on the same day and thereafter received from the victim, from around that time.

7. By July 1, 200, a total of KRW 42 million was remitted through the same method through 11 times between the two parties, as follows.

On January 13, 2015, the Defendant, while presenting a bond certificate of 1 billion won at a face value near the 1,000 Won in Dongjak-gu Seoul Metropolitan Government on January 13, 2015, exchanged a bond certificate of 2,000 won on January 16, 2015, 3,80,000 won on January 24, 2015, 4,000 won on February 1, 2015, 5,000 won on February 1, 2015, 200,000 won on February 4, 2015, 200,000 won on February 14, 2015, KRW 1,500,000 on July 1, 2015, KRW 1,500,000 on March 11, 2015.

Of them, the claim to reduce the amount of KRW 300 million.

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