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(영문) 서울중앙지방법원 2016.01.15 2015고단3511
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment with prison labor for one year.

However, with respect to Defendant A, it shall be for a period of one year.

Reasons

Punishment of the crime

Defendant

B On September 23, 2015, the Seoul High Court was sentenced to eight years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and the above judgment became final and conclusive on December 21, 2015.

around April 2008, the Defendants lent KRW 50 million to the victim E and used it in installments, and had the victim recover money from the victim.

Accordingly, around April 7, 2008, the Defendants leased KRW 50 million to the victims, and Defendant B leased KRW 50 million to offer promissory notes as collateral for face value 100 million. If the payment date of promissory notes is not paid up to May 30, 2008, the Defendants would be able to receive the payment of promissory notes.

The phrase “A” is false, and Defendant A used the F house in Dongdaemun-gu Seoul Metropolitan Government with a deposit of KRW 5 million on the deposit basis and leased it to the victim requesting additional security.

If B is unable to believe a promissory note giving rise to 100 million won per value, it is expected to transfer the right to return the deposit money for the house above.

‘A false statement' was made.

However, at the time, Defendant B had difficulties in raising business funds while conducting school construction and mine business in Indonesia, and even if the said promissory note was delivered to the victim, there was no way to prepare a bill payment by the due date. Defendant A did not have the right to refund the deposit money for the said F Housing and did not have any other way to repay the money borrowed to the victim. Therefore, even if the money was borrowed from the victim, there was no intention or ability to repay the money.

Nevertheless, the Defendants conspired to induce the victim and received delivery of KRW 50 million from the injured party.

"2015 Highest 4025"

1. Defendant B calls the victim G in Indonesia around June 11, 2009 and “The office now has in Indonesia, and the office has to restore the cost of repair KRW 15 million.

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