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(영문) 서울남부지방법원 2019.09.05 2018고단5844
사기등
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

【Criminal Power】 On November 2, 2016, the Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Gwangju District Court, and completed the execution of the sentence in the Gwangju Prison on February 17, 2017.

【Criminal Facts】 1. 2018 Highest 5844】

A. The Defendant and the victim B were deadly between the Defendant and the victim.

However, at around 23:00 on November 30, 2017, the Defendant, at a place where the Yangcheon-gu Seoul Metropolitan Government (hereinafter referred to as “YY-gu”) could not be known, stated that “in the Republic of Korea, the Defendant served as the head of the C company.” However, the Defendant paid personnel expenses in lieu of the credit card in lieu of the credit card by delayed payment of the company’s fee, making it impossible to pay personnel expenses. However, if the card value was not paid on time, the credit rating differs, (a) the Plaintiff’s shares were held, and (b) the credit rating was lower, and (b) the credit rating was lower, and if the credit rating was lower than two million won, the company will be repaid on December 20, 2017.”

However, the defendant did not have a first grade credit rating at the time and did not have any property, and even if he received money from the victim as a loan, he did not have the intention or ability to pay it properly.

Around December 2, 2017, the Defendant, by deceiving the victim, received KRW 1,20,000 from the victim as the borrowed money under the name of the Defendant’s bank account in the name of the victim.

B. On December 8, 2017, the Defendant called the victim at a place with no knowledge of Yangcheon-gu Seoul Metropolitan Government (hereinafter referred to as Yangcheon-gu) and borrowed KRW 15 million under the terms and conditions of repayment after one week from F in which he works to pay the construction cost, and made a false statement to the effect that he/she will pay the construction cost. He/she borrowed KRW 15 million with the loan of KRW 15 million, then he/she would pay the money by bringing the BMW X4 car that he/she has entrusted as security to F and selling it.

However, in fact, since the car is not owned by the defendant, the defendant did not have the right to sell the car, and the defendant does not have any particular property at the time.

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