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(영문) 서울남부지방법원 2019.02.13 2018고단61
사기
Text

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

provided, however, that the sentence shall be imposed for three years from the date this judgment becomes final.

Reasons

Punishment of the crime

"2018 Highest 61" (Defendant A)

1. On January 1, 2017, the Defendant made a false statement to the effect that, at the office of the Gangseo-gu Seoul Metropolitan Council for Reconstruction Residents' Reconstruction Residents' Association, the Defendant concluded a contract with the victim F to the Gangseo-gu Seoul Metropolitan Government Center G, and that, if the Defendant lent KRW 100 million, the Defendant would pay the principal KRW 100 million until March 26, 2017 and pay an additional KRW 100 million until May 2017.

However, in fact, the site of the center was not a construction contract, and the defendant did not have the intent or ability to repay the borrowed money, and was planned to use the borrowed money for personal repayment, etc. by receiving the money from the victim.

On January 26, 2017, the Defendant, by deceiving the victim as above, received KRW 100 million from the victim to the I Bank Account (Account Number: J) in the name of H on January 26, 2017.

2. On March 2, 2017, the Defendant, at the above office, made a false statement to the victim F, stating that “The Defendant would live in an apartment building owned by his wife, and want to have the apartment accident. From the money loaned under his name, the amount of KRW 20 million is insufficient, if the Defendant borrowed KRW 20 million from the money borrowed under his/her name, he/she would repay it after one week.”

However, the defendant did not have the intent or ability to repay the borrowed money, and was planned to use the money received from the victim for other purposes, such as personal repayment of debt.

As above, the Defendant, by deceiving the victim as above, received 20 million won from the victim to the above account on March 3, 2017.

around August 2016, Defendant A lost ownership by auctioning the building owned by Defendant A (Seoul Yeongdeungpo-gu, Seoul) but failed to return the lease deposit amount of 200 million won to the victim M who is the lessee under the above building L, and the victim was the debtor around July 25, 2016, and the lessor of the apartment (Seoul Yeongdeungpo-gu N apartment andO) in which Defendant A resides as the lessee.

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