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(영문) 서울남부지방법원 2012.12.28 2012고단2319
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

Around October 2004, the Defendant introduced the Victim E (L, 46 years of age) who is living separately with her husband from her husband by a middle school ward D (L, the Defendant was living separately with her husband from her husband and her family member in Canada. Since her family member is living abroad in Canada, her wife is called 8 years and her wife has been exercising the right to divorce as if her wife had already reached a divorce agreement with her wife.

1. On March 8, 2005, the Defendant: (a) at the victim’s house of the 204-dong 1305-dong 204-dong 1305, the Franchise, the Defendant merely borrowed money from the victim with no wife at the time and without any intention to marry with the victim; and (b) despite the absence of the intent or capacity to repay the above money, the Defendant merely borrowed money from the victim as entertainment expenses, etc., and (c) instead of the victim’s intent to use it as entertainment expenses, etc., the Defendant was rendered a favorable judgment by the court; (d) the Defendant was given a favorable judgment due to the lack of the financial situation of the party principal company, and thus, borrowed the business fund. Accordingly, the Defendant acquired the money with the winning judgment from the victim as business funds on the same day.

2. The defendant has committed the same harm;

5. The facts at the place as stated in Paragraph 1, 1, 1, and 2, as seen above, are false stating that “If the victim does not have an intention or ability to register the victim as the representative director even if the victim borrowed money from the victim without any intention to marry with the victim, the victim shall receive KRW 200,000 from the victim as the acquisition fund of the company and receive KRW 200,000 from the victim on the 11st of the same month as the acquisition price of the construction company, and then the victim shall not have an intention or ability to register the victim as the representative director.”

3. The Defendant’s facts at the same place as Paragraph 1 of the same year around September of the same year are as above.

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