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(영문) 서울서부지방법원 2012.12.21 2010고단1424
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 28, 2004, the Defendant was sentenced to three years of imprisonment with prison labor at Seoul High Court for fraud, etc. and completed the execution of the sentence on June 2, 2005, and is the representative director of D (hereinafter “D”) with eight floors of Seoul Gangnam-gu Seoul Metropolitan Government C building.

[2010 Godan1424] On August 20, 2007, the Defendant stated that “A building was acquired at the second floor D sales office of the 2nd floor of the 2nd floor E building in Gyeonggi-gu, Gyeonggi-gu, Gyeonggi-do, 2007. However, if the office expenses are insufficient, if the office expenses are leased to 120 million won, the 1004 unit of the E building with the market price of KRW 170 million shall be offered as security, and until November 20, 2007, the Defendant would repay the principal amount of KRW 170 million including interest of KRW 50 million.”

However, even if the defendant borrowed money at the time, he did not have the intent or ability to repay it, and the above 1004, which was offered as security, was registered in G on December 8, 2006 due to the sale as of December 25, 2005, and there was no value as a security.

Nevertheless, as above, the defendant deceiving the above victim and deceiving him from the above victim on August 20, 2007, the amount of KRW 70 million as loan from the above victim on or around August 20, 2007 and the same year.

8. Around 21.20.20 million won, a sum of KRW 120,000,000,000, was received from the Defendant to the Defendant’s new bank account, and acquired it by fraud.

[2010 Highest 1845] The defendant, at the office of the defendant's operation located in Gangnam-gu Seoul Metropolitan Government on January 2008, 2008, stated that "if our company has no funds to enter into a contract for the purchase of game software in Japan, it shall be repaid within 2 months if it lends KRW 100 million to the company for the purchase of game software in Japan, it shall be repaid from the above victim."

3.22. The above bank account was remitted KRW 100 million.

However, in fact, the Defendant had been urged to pay 145 million won at the time, and the Defendant did not pay 100 million won to D employees, as it is difficult to pay the said amount of money to the extent that D employees are not paid monthly.

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