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(영문) 서울중앙지방법원 2018.09.06 2018고단4103
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On April 24, 2013, the Defendant was sentenced to six months of imprisonment for fraud, etc. at the Seoul Central District Court, and one year and two months of imprisonment. On July 20, 2014, the enforcement of the sentence was terminated at the Seoul Central District Court. On November 16, 2017, the Seoul Central District Court sentenced four years of imprisonment for fraud, and the judgment was finalized on November 24, 2017. On January 25, 2018, the Seoul Central District Court sentenced one year and six months of imprisonment for fraud, and the judgment became final and conclusive on July 30, 2018.

The Defendant appears to be the lender’s clerical error in the facts charged against the lender.

In view of the foregoing, the money borrowed prior to the deposit is returned to the lender and the interest is paid by way of returning the money borrowed as collateral and paying the interest on the loan.

At the same time, he borrowed more money than the first borrowed money and thought that it is streetly.

Accordingly, on May 14, 2015, the Defendant paid KRW 13 billion to the victim E, who was introduced through D, at the guest site of C C C C C C B in Yangyang-si, and at the victim E, who was introduced through D, deposited KRW 100 million to G account in the name of F Co., Ltd., as it is necessary to ask for a remaining scar business, and paid KRW 13 billion in the P.m. on the P., and the victim deposited KRW 100 million in the above account, and actually paid KRW 13 billion in the P.m. on that day to the victim.

On May 21, 2015, the Defendant, who acquired the victim’s trust, made a false statement that “The Defendant would pay KRW 2.5 million to the victim’s G account in the name of F Company G account, and pay KRW 2.6 million to the victim on the face of the week.”

그러나 사실 피고인은 2014. 7. 20. 서울 구치소에서 출소하여 일정한 수입이 없었고, 피고인 명의로 된 재산도 없었으며, 피해 자로부터 빌린 돈을 가로챌 생각이었기 때문에 피해 자로부터 돈을 빌리더라도 그 돈을 갚을 의사나 능력이 없었다.

The defendant shall belong to the injured party.

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