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(영문) 서울중앙지방법원 2016.12.22 2016고단1979
사기
Text

Defendant shall be punished by a fine of 20 million won.

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

Reasons

Punishment of the crime

"2016 Highest 1979"

1. On October 7, 2008, the Defendant stated that, in the G Lending Business Office operated by the Victim F with the sixth floor 607th floor of the building in Jung-gu Seoul, Seoul, the Defendant would pay KRW 900 million to the victim KRW 50 million on behalf of the victim in the G Lending Business Office, “F has a claim of KRW 100 million to H (hereinafter “H”) and first, if the attachment was terminated by lending KRW 50 million to B and by taking advantage of the claim against H, the Defendant would pay KRW 50 million on behalf of the beneficiary by subrogation until October 14, 2008.”

However, the facts are that the Defendant was a person with bad credit standing who did not have certain incomes at the time, and that the Defendant was a person with bad credit standing under the pretext of acquiring I, and that there was a debt of KRW 00 million from the bond company, and the interest on the debt amount reaches KRW 00,000,000 in one month.

The Defendant received from the victim a copy of the check number J in front of the victim’s right of KRW 50 million around that time.

2. On March 12, 2009, the Defendant borrowed KRW 570 million from the victim as security about KRW 650,000,000 of the market price at the time of the lending of KRW 4,980,00 from the victim at the location described in paragraph (1) of the same Article. However, on March 2009, the market price of the said shares was continuously recorded at the lower limit, and thus, the Defendant was urged by the victim to pay reimbursement.

On March 25, 2009, the Defendant, at the L Hotel located in K in Jung-gu, Seoul on March 25, 2009, told the victim to pay the above KRW 570 million by the victim the collateral ability of the shares offered as security due to the decline in the shares I. Therefore, the Defendant was scheduled to issue BW (bonds with warrants) equivalent to KRW 990 million from (i) I to KRW 90 million. If B lends KRW 250 million to B, he would issue 50 million.

However, in fact, the Defendant received KRW 250 million from the victim and said money as the said money I.

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