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(영문) 서울중앙지방법원 2013.10.08 2012고정4721
사기
Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant, at the Seoul Central District Court (2013No737) on June 13, 2013, sentenced one year and two months to imprisonment for fraud, and the said judgment became final and conclusive on August 13, 2013.

On July 2009, the Defendant received KRW 350 million in return for the receipt and operation of D branch offices located in C from the victim B (Nam, 50 years of age) on or around November 2009, on the ground that it was fraudulent, and the Defendant was investigated by the relevant police. The fact was that the Defendant was investigated by the relevant police on the ground that the Defendant’s claim for the return of the apartment lease deposit equivalent to KRW 300 million in the name of the Defendant’s wife E was already established in Korea, and there is little value for Korea bank to have the claim for the return of the apartment lease deposit equivalent to KRW 286 million in the name of the Defendant’s wife. However, as if the right of pledge was not established on the above apartment lease deposit claim, the Defendant filed a complaint against the said complaint case by deceiving the victim as if it was a normal bond that did not have been established on the right of pledge on the above apartment lease deposit claim.

On February 22, 2010, the Defendant presented a lease contract of KRW 300 million to the victim of the lease deposit in the above name of the victim at the law firm G office located in Seocho-gu Seoul, Seocho-gu, Seoul. On February 22, 2010, the Defendant made a false statement that “The deposit for the lease of H apartment which is currently living in his/her name is KRW 300 million. He/she shall be paid KRW 200 million up to March 31, 2010, and KRW 180 million up to April 30, 2010, and shall be paid KRW 180 million to him/her, and the content thereof shall be paid with interest at 20% per annum if he/she is unable to do so.”

The Defendant obtained from the victim the pecuniary benefits of KRW 200 million, which was deferred until March 31, 2010, which was the due date for the payment of a promissory note, and from March 30, 2010, the remaining KRW 150 million until April 30, 2010, which was deferred due date for the payment of a promissory note, 39 days for the above KRW 200 million, and from the above KRW 150 million, 69 days for the above KRW 150 million.

In this respect, the defendant deceivings the victim to use his property.

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