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(영문) 서울중앙지방법원 2013.08.23 2012고단4121
사기
Text

Defendants shall be punished by imprisonment for ten months.

However, with respect to Defendant A, it shall be for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant committed the crime of Defendant A was sentenced to a suspended sentence of one year for six months of imprisonment with prison labor for fraud, etc. in the Busan District Court Branch of the Incheon District Court on November 13, 2008, and the judgment became final and conclusive around the 21th of the same month. On June 30, 2011, the Seoul High Court was sentenced to a suspended sentence of three years for imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud)

7.8Around 7. The judgment became final and conclusive.

Around October 16, 2007, the Defendant’s fraud related to the loan appraisal fee stated that “A loan is to be made by receiving a high appraisal price to receive a successful bid of the building” from the mutual infinite coffee shop located in the Nam-gu Incheon Metropolitan City, Nam-gu. If the Defendant borrowed KRW 35 million from the loan appraisal fee, B will also receive a loan as a collateral for real estate.”

However, the fact is that the defendant is a person with bad credit standing at the time, and the defendant's obligation was reached 7 to 80 million won due to the enemy status of HH operated by the defendant, so there was no intention or ability to repay the debt even if he borrowed money from the victim.

As above, the Defendant, by deceiving the victim as above, acquired the victim each transfer of KRW 11 million on the same day, KRW 250,000 on the 17th day of the same month, KRW 500,000 on the 18th day of the same month, KRW 500,000 on the 30th day of the same month, and KRW 18,50,000 on the 30th day of the same month.

B. On December 3, 2007, the Defendant concluded that “The Defendant applied for a loan to the victim G at a non-permanent place (i.e., the Defendant) around December 3, 2007, stating that “B would pay taxes if he/she borrowed a real estate security loan under the name of H, and would also pay taxes if he/she borrowed a real estate loan.”

However, fact is that the defendant is a person with bad credit standing at the time, and H, which was operated by the defendant, has reached 7 to 80 million won, and therefore, the defendant has suffered from the victim.

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