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(영문) 서울중앙지방법원 2012.10.30 2012고단2296
사기등
Text

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

Reasons

Punishment of the crime

Since 1989, the Defendant was a person who operated the construction business chain C, and the victim D was an employee of the above company, and the victim E was the mother of the above D, the victim F was engaged in the construction business and he was friendly with the Defendant from 2005.

1. Fraud (total 100 million won);

A. On November 8, 2006, the Defendant received 34.1 million won from the victim’s account under the name of the Defendant by stating that “The Defendant shall repay money to be used promptly, within three months,” from the victim E’s house located in Jung-gu Seoul Metropolitan Government, to the victim’s account.”

However, in fact, around October 2005, the Defendant borrowed KRW 50 million from H and failed to repay the debt amount, etc. The Defendant continued to have reached KRW 500 million, and on November 2005, since the balance of the Defendant’s account was in and out of KRW 40 million, there was no intent and ability to repay even if the Defendant borrowed money from the victim.

Accordingly, the defendant acquired 30,000 won from the victim.

B. On January 3, 2007, the Defendant received a remittance from the victim to the account under the name of the Defendant by stating that “The Defendant shall repay money within three months, because he/she has been making a sudden use of money,” from the office of the Jung-gu Seoul metropolitan Government C&C corporation.”

However, the financial status of the defendant is above fact.

Therefore, the victim did not have the intent and ability to repay even if he borrowed money from the victim.

Accordingly, the defendant acquired 70 million won from the victim.

C. On April 2007, the Defendant received KRW 43 million from the victim by falsely stating to the victim D that “The Defendant will construct a main complex building at 4 U.S. International Station No.S., Jung-gu, Seoul, and will offer one if it is completed. If it is possible to use money promptly, it will be repaid within three months.”

However, the financial status of the defendant is above fact.

b. the entry in the subsection;

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