logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2013.04.19 2011고단5962
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On December 24, 2008, the Defendant was sentenced to a suspended sentence of three years at the Cheongju District Court on one year and six months of imprisonment for fraud, etc. and the said judgment became final and conclusive on March 26, 2009.

[Attachment 2012 Highest 375]

1. The Defendant sent a phone call to the victim F at a place where it is not known on January 2005, the Defendant stated that “I will repay money in trust if I lend money because all the other partners have incurred money in trust due to their debts in trust.”

However, at the time, the Defendant had been liable for the payment of the amount of KRW 20 billion in the course of operating multiple conferences. In the case of a part of the telecom, it is difficult for the Defendant to properly repay the above debt due to the operating profit of the above telecom, and there is a very difficult economic situation, such as in the process of auction and the payment by the above victim on behalf of the above victim. Thus, even if the Defendant borrowed money from the above victim, there was no intention or ability to properly repay it within the agreed period.

As above, the Defendant, by deceiving the above victim, received a total of KRW 119.4 million from the above victim, including KRW 110 million on January 31, 2005, KRW 19.4 million on February 2, 2005, and KRW 19.4 million on February 1, 2005, and acquired it by defrauded.

2. Around February 3, 2005, the Defendant stated that “AH hospital operated by the Victim FF in Cheongju-gu, U.S., Sinju-si, that the above victim “a money needs to be raised because there is any problem in the land in Ycheon-gu,” and that “I and J land (hereinafter “K land”) located in a title trust to the party is offered as security from Gangnam Capital (the actual fund contributor is L) and KRW 200 million from Gangnam Capital (the actual fund contributor is L), and if the loan should be obtained in the name of the land owner, the above loan will not be damaged by repaying the loan more than three months.”

However, at the time, the defendant was under economic difficulties as above, and the right to collateral security for loans from financial institutions was established on the K land.

arrow