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(영문) 서울동부지방법원 2016.08.11 2015고단1002
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. On September 10, 2013, the Defendant: (a) at the E Authorized Broker Office located in Yeongdeungpo-gu Seoul Metropolitan Government, around September 10, 2013, at the E Authorized Broker Office, the victim F, “it is necessary to obtain investment from investment companies and carry out a real estate development project; and (b) the amount of the business was paid by the father at the time of deposit with the corporate account; and (c) in order to receive the business funds from the father, the amount of the transfer income tax is paid KRW 150,000,000,000,0000,000 won is paid. The father will pay

“The head of the Tong, which is deposited in KRW 30 billion, shows the victim’s checks in front of the KRW 10 billion, etc., and “The father is the father’s head of the Tong, which is KRW 30 billion.

If the transfer income tax is paid, 10 billion won will be deposited into the company account with the business fund.

‘Falsely speaking, the re-existence of himself and herself and his father.’

However, in fact, the defendant showed a false passbook and a false passbook obtained in the old bonds market for the purpose of deceiving the victim, and even if he borrowed money from the damaged party such as default of the transfer income tax, he did not have the intent or ability to repay it within the due date.

On September 11, 2013, the Defendant: (a) by deceiving the victim; and (b) transferred KRW 150 million to a new bank account in the name of G Co., Ltd. as the borrowed money from the victim; (c) around September 11, 2013.

2. On October 4, 2013, the Defendant: (a) at the office described in paragraph (1) around October 4, 2013, the Defendant loaned KRW 25 million to the victim a deposit to the other party to conduct the business, with the payment of all the money borrowed by his father within ten (10) days from the deposit of business funds.

“A false representation was made.”

However, the Defendant did not have the intent or ability to repay the borrowed money as above.

The defendant deceivings the victim as such, and is on the same day from the victim.

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