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(영문) 서울북부지방법원 2014.10.16 2013고단1001
사기등
Text

A defendant shall be punished by imprisonment for two years.

The defendant pays 80 million won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

On February 21, 2013, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Seoul Northern District Court on February 21, 2013, and the said judgment was finalized on August 30, 2013.

"2013 Highest 1001"

1. Fraud;

A. On May 12, 2012, the Defendant concluded that, at the (ju) EE office for the Defendant’s operation on the 7th floor of the building in Yeongdeungpo-gu Seoul Metropolitan Government, the Defendant borrowed money from the victim F to the victim F for the shortage of the sales contract amount for the right to sell commercial buildings in the (A29 Blue House Blue House) apartment complex in Jungcheon-gu Seoul Metropolitan Government. The Defendant paid the principal within six months, and if profits accrue, the interest will also be given.

However, even if the Defendant borrowed money from the victim, he/she was planned to use it individually, and even if there was no particular property or income at the time of the loan, it was extremely inappropriate to repay the borrowed money within six months, and such circumstance was concealed by the victim.

As such, the Defendant, by deceiving the victim, obtained a cashier’s check in the amount of KRW 119 million from the victim, and fraudulently acquired it.

B. On October 14, 2011, the Defendant made a false statement to the victim F’s office located on the second floor of the building located in Yeongdeungpo-gu Seoul Metropolitan Government, stating that “The Defendant borrowed 240 million won from the bank loan, including the principal and interest he borrowed her previously, and borrowed her money after receiving an additional loan in return for full repayment.”

However, even if the defendant borrowed money from the victim because there is no particular property or income at the time, he did not have the intent or ability to repay the amount of KRW 240 million of the victim's bank right loan.

On October 25, 2011, the Defendant, by deceiving the victim as above, had the victim obtain additional loans from a corporate bank, and then withdrawn the victim’s corporate bank account from November 10, 201 to November 6, 201, the sum of KRW 62 million on November 14, 201, and acquired pecuniary benefits equivalent to that amount.

2. The defendant who counterfeited a private document shall be as mentioned in the above one-Ga (A).

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