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(영문) 서울남부지방법원 2020.09.10 2019고단6529
사기
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On May 30, 2019, the Defendant was sentenced to 10 months of imprisonment for fraud and 2 years of suspended execution at the Incheon District Court on May 30, 2019 and the judgment became final and conclusive on June 8, 2019.

1. On January 21, 2013, the Defendant stated to the effect that, at any coffee shop located in Kimpo-si, the victim B had two pents constructed in the reinforcement Gun, and did not complete the construction due to the shortage of money. If the Defendant leased KRW 45 million to undergo a completion inspection, he/she shall undergo a completion inspection within two months and sell it in lots and pay KRW 50 million in addition to the amount of KRW 5 million. If he/she fails to pay money, he/she will live in this pent Section.”

However, at the time, the Defendant had a debt equivalent to approximately KRW 350 million at a financial institution, and there was no collateral value due to the establishment of the right to collateral security and provisional seizure on a building in an reinforced group that provides the victim as collateral. Therefore, even if the Defendant borrowed money from the victim, there was no intent or ability to normally repay or provide sufficient collateral.

The Defendant, as above, made a false statement to the victim and transferred KRW 38,591,00 to the D Bank account (E) in the name of the Defendant under the name of the victim at around that time, and acquired KRW 5 million in cash and acquired KRW 43,591,00 in total.

2. On August 26, 2016, the Defendant stated that, at any coffee shop located in Seocheon-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, the completion of construction is delayed for the victim F to the effect that “a multi-household house was built in Reinforcement-gun, which was unable to be installed.” If the Defendant borrowed 26 million won as completion expenses, the Defendant would pay 45 million won, including the principal, after three months. Rather, the Defendant would prepare a supply contract for Incheon Reinforcement-gun G and H as security. In short, the Defendant would be able to exercise the right to the said collateral if the repayment is not made.”

However, the defendant is liable to financial institutions at the time.

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