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(영문) 서울북부지방법원 2013.12.06 2012고단2656
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

[2012 Highest 2656] On April 30, 2012, the Defendant told the victim to pay money to E on the day of the check as follows: “Around April 30, 2012, the Defendant: (a) before the victim D’s house located in Busan Shipping Daegu C 201, the Defendant received seven copies of the household check that was made on May 31, 2012; (b) instead, if the Defendant remitted KRW 20,265,000 to E on the day of the check, he/she must pay the money to E.

However, the Defendant did not have any intent or ability to pay the above money to the victim because the Defendant was unable to repay the bond amount exceeding 100 million won, and there was no specific property, except in the so-called repayment.

Nevertheless, the Defendant, by deceiving the victim as such, had the victim transfer KRW 20,265,00 to E, thereby acquiring pecuniary benefits equivalent to the same amount.

[2013 Highest 150]

1. On January 28, 201, the Defendant in breach of trust borrowed 50 million won from the Victim’s Future Second Savings Bank (former Switzerland Savings Bank Co., Ltd.), a victim’s future 2 savings bank (former Switzerland Savings Bank) from the “Gmaart” operated by the Defendant on the F1st of Busan, Seo-gu, Busan, and entered into a contract with the Defendant on the security of the security of the contract to transfer the instant house to the victim, such as the oil conditioning and

As the Defendant received KRW 50 million from the victim as the borrowed money pursuant to the above agreement, the Defendant had a duty to keep the said house that was offered as security to the victim and not dispose of it to others.

However, on May 21, 2012, the Defendant violated the above duties and sold the said house to the person who was unaware of the name.

Accordingly, the defendant acquired property benefits equivalent to 4 million won in the market value of the above housework and suffered damages equivalent to the same amount as the victim.

2. The Defendant, on January 28, 201, borrowed 50 million won from the Gmaart as described in paragraph (1) to the circumstances identical to the foregoing paragraph (1) and claims to return the deposit for lease of the Marart. 50 million won.

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