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(영문) 서울서부지방법원 2018.05.29 2016고단4005 (1)
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to fraud at the Seoul Western District Court on July 8, 2010, imprisonment with labor on February 6, 2013, imprisonment with labor on October 6, 2013, and imprisonment with labor on March 28, 2016, and completed the execution of the final sentence on March 28, 2016.

[Criminal facts]

1. On August 4, 2016, the Defendant came to know that, while engaging in construction business with the trade name of “C”, the Victim B obtained development activities to build multi-family housing on D and six parcels, but it is impossible to obtain bank loans because provisional attachment, seizure, etc. was established on the real estate in the business site due to the seller’s debt, it is possible to obtain 2.2 billion won loans from the victim in a coffee shop as “F,” located near Bupyeong-gu Incheon Metropolitan City, Bupyeong-gu around August 4, 2016.

In this regard, it was false that the loan contract fee is the loan contract fee and the amount of KRW 10 million is required.

However, even if the Defendant received a loan fee from the injured party, the Defendant did not have the intent or ability to provide the loan, and was thought to use the fee as personal debt repayment, living expenses, business funds, etc.

Nevertheless, the Defendant, as mentioned above, was falsified and was transferred to the Hyundai Securities Account (G) in the name of the Defendant on the same day by the injured party.

2. On August 16, 2016, the Defendant committed a crime by telephone around August 16, 2016, at a place where the location of the police station is unknown, “2.2 billion won loan to the victim was almost all available.”

Along with 700 million won, 1.5 billion won was insufficient, and 1.5 billion won was the condition for giving interest to a person who has conducted a transaction for a long time.

The interest rate of KRW 1.5 billion was 27.9% per annum 34,875,500 per annum was 1.5 billion.

However, even if the Defendant received a loan agreement fee, the Defendant did not have the intent or ability to lend 2.2 billion won to the victim, and was thought to use it as personal debt repayment, living expenses, business funds, etc.

Nevertheless, Defendant 1’s aforementioned false statement and its affiliated with it was 1.

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