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(영문) 서울중앙지방법원 2014.11.28 2014고정4589
사기
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 19, 2014, the Defendant was sentenced to 10 months of imprisonment with prison labor for fraud and a false accusation at the Seoul Southern District Court on August 22, 2014, and the said judgment became final and conclusive on August 22, 2014.

1. On August 16, 2012, the Defendant made a false statement to the victim E, “A person in charge and entertainment expenses are required for a financial institution’s loan. It is necessary to give a loan to the victim E, who is in need of a loan to raise business funds, on three cafeterias located near the opening-gu located in Gangnam-gu Seoul Metropolitan Government No. 5, Seoul. 3 million won. It is necessary to give a loan as soon as possible.”

However, if the defendant receives money from the victim as above, it was thought that it would have been disbursed for personal purposes, such as office operating expenses and living expenses, and there was no intention to use it as entertainment expenses, and there was no ability to enable the victim to do so.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 3 million from the victim via the Agricultural Cooperative Account (Account Number:F) in the name of the Defendant.

2. On August 24, 2012, the Defendant made a false statement that “The appraisal commission of an appraisal corporation is required for the loan of business funds” by phoneing the above victim to the above victim at an irregular land. The Defendant made a false statement that “The appraisal commission of a virtual appraisal corporation shall be paid in advance to the virtual appraisal corporation, which is in a domestic transaction, shall pay an appraisal fee of KRW 3 million.”

However, if the defendant receives money from the victim as above, it was thought that it was used for personal purposes such as office operating expenses, and there was no intention to use it as appraisal fees, and there was no ability to make the victim make the loan to the actual victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 3 million from the victim via the Agricultural Cooperative Account (Account Number:F) in the name of the Defendant.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A statement of financial account transactions;

1. Before judgment:

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