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(영문) 서울중앙지방법원 2019.10.31 2019고단1051
사기
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Criminal facts

[Criminal Power] On January 25, 2018, the Defendant was sentenced to a suspended sentence of two years for a period of four months under the Seoul Northern Site Act, for fraud.

2.2. The above judgment became final and conclusive around the day.

【Criminal Facts】

1. On September 2017, the Defendant made a false statement to the effect that “When there is an 30 rupture system under the internal management and deposited KRW 2,00,000,000,000,000,000,000,000 won, the Defendant would give rise to KRW 60,000,000,000,000,000,000 won, which is the highest order of February 2, 2018,” which is operated by the victim C in Seocho-gu Seoul, Seoul, around 2017.

The defendant deceivings the victim as above, and is therefore under the same year from the victim as a guidance payment.

9. On March 13 and 14th of the same month, each KRW 100,00,000,000 for the same year, October 10 of the same year, November 10 of the same year, November 13 of the same year, November 13 of the same year, December 11 of the same year, and January 10, 2018, each KRW 12,000,000,000 were acquired and acquired.

2. On May 17, 2017, the Defendant made a false statement that he/she would allow the victim D to set up a right to collateral security on the land owned by the victim at the Seongbuk-dong community service center located in 249, Gwanak-gu, Seoul Special Metropolitan City, to repay the borrowed money to the victim within three months, so that he/she can borrow the amount of KRW 20 million from other persons, thereby cancelling the right to collateral security and selling the said land.

However, in fact, the Defendant had a debt of KRW 8 million at the time, and was in default of capital gains tax of KRW 100 million, and was in a state that the amount was not normal while carrying out health auxiliary food business, so there was no intention or ability to cancel the right to collateral security by setting up the right to collateral security on the land of the victim and paying the money borrowed from other persons within three months.

The Defendant had the victim do so on the same day with the maximum debt amount of KRW 30 million and the mortgagee F on the land owned by the victim.

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