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(영문) 서울서부지방법원 2018.10.11 2018고단1542
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Criminal facts

[Criminal record] On May 10, 2018, the Defendant was sentenced to two years and four months of imprisonment for fraud at the Seoul Western District Court, which became final and conclusive on August 1, 2018.

[2] From springing in 2014, the Defendant, from the perspective of springing in 2014, received money from the clients, “NPL investment (NPL investment method that obtains profits from the transfer of bonds after purchasing defective bonds by a financial company with three or more months of maturity)”, the Defendant was unable to receive profits and principal from the NPL Investment Agency around B, 2014, and was urged to pay debts from investors. Meanwhile, as a result, even if the Defendant purchased real estate from a financial institution as collateral from a financial institution for real estate speculation, the Defendant continued to increase debt by having borrowed money from a third party as a bond because it was difficult to repay the loan interest due to a decline in real estate price.

As such, the Defendant decided to borrow money in excess of the debt and without any specific property. On February 11, 2015, the Defendant borrowed 1 billion won from a cooperative and purchased 1 billion won in cash from a personal credit and carried out the construction of Seongbuk-gu Seoul Seongbuk-gu C land with six floors. However, the total construction cost was equivalent to about 3.3 billion won, and most of the expenses was borrowed from a financial institution and an individual credit holder, but on March 25, 2016, the Defendant borrowed 3.3 billion won from a financial institution and an individual credit holder. However, on March 25, 2016, the Defendant did not sell 2.6 billion won in total.

On March 25, 2016, the Defendant made a false statement to the victim E by posting a telephone at a place where the location is unknown.

However, due to the above circumstances, the defendant did not have any intention or ability to repay money to the victim.

As such, the Defendant deceivings the victim, and thereby deceiving the victim, KRW 54,20,00,00 on March 25, 2016, and KRW 270,00,00 on March 31, 2016.

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