logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2013.07.03 2012고단7152
사기등
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On February 18, 2011, the Defendant was sentenced to a suspended sentence of two years in August for fraud, etc. at the Seoul Central District Court (Seoul Central District Court)

5. 13. The decision became final and conclusive.

【Criminal Facts】

The Defendant: (a) was a person operating the D Loan Business in Gangnam-gu Seoul; (b) borrowed money from the victim E to a third party from February 2007; (c) borrowed money from the victim to a third party; and (d) borrowed money from the victim several times until February 2010 and borrowed it again; and (c) did not collect more than 00 million won but did not directly borrow money from the victim due to the personal needs of the Defendant; and (d) did not repay the money, 200 million won or more.

1. Fraud;

A. A. On August 2, 2010, around August 2, 2010, the Defendant said that “Around August 2, 2010, the Defendant: (a) at the foregoing lending business office, the Defendant said that “F house purchase funds are required; (b) if the Defendant borrowed money, he/she would sell the house in Incheon and repay the money after two months; and (c) the interest shall be paid 3% per month.”

However, the defendant's office located in Incheon is equivalent to approximately 20 million won in the market price. At the time G puts a provisional attachment to the claim amount of KRW 190 million. The sum of the maximum debt amount of the right to collateral security established at the above house is more than 120 million, and even if the defendant sells the above house, he could not pay the interest and principal to the victim as agreed by the victim. At the time, the defendant did not have any intent or ability to repay the interest and principal with other property even if he borrowed money from the victim due to bad credit standing.

In the end, the Defendant, as above, belonged to the victim and received 60 million won as the borrowed money from the victim and acquired it by fraud.

B. On February 14, 2011, the defrauded around February 14, 2011, the Defendant: “Around February 14, 2011, the Defendant would pay money to the victim (i.e., one week thereafter, the previous trial will have been completed, and (ii) the amount of money will be paid in addition to the previous borrowed money if it is lent KRW 100 million.”

arrow