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(영문) 서울남부지방법원 2017.12.18 2017고단4627
사기
Text

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

Reasons

Punishment of the crime

On August 25, 2017, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Seoul Southern District Court, and the said judgment became final and conclusive on November 10, 2017.

1. On August 12, 2016, the Defendant: (a) around August 12, 2016, at the victim C’s residence located in Chungcheong-gun B, the Defendant repaid the victim the principal of KRW 16 million to B until November 7, 2016; (b) paid the principal of KRW 16 million; and (c) paid the interest KRW 12 million.

In addition, the loan is paid by the person.

In the event of failure to pay principal and interest, I would like to dry a vehicle (D) owned by the United Nations.

“A false statement was made to the effect that it was “.”

However, in fact, the Defendant had no special property at the time, and did not operate a proper business, so there was almost little income, and there was no change in the amount of considerable debts, and there was a situation where living expenses were not prepared properly, and there was no intention or ability to repay the amount even if the Defendant borrowed the money from the victim, such as the victim was unable to provide the e-car as security.

The Defendant received 16 million won from the victim’s bank account (E) in the name of the Defendant on the same day.

Accordingly, the defendant was given property by deceiving the victim.

2. On September 20, 2016, the Defendant: (a) around September 20, 2016, at the place specified in paragraph (1) around September 20, 2016, borrowed the victim “a loan of KRW 8 million to the victim; and (b) thereafter, he/she will pay the principal to the victim up to November 7, 2016 and pay the interest in KRW 6 million.

“False speech was made to the effect that it was “.”

However, in fact, the defendant had no special property at the time, and there was almost no income due to the lack of proper business, and there was no change in the amount due to considerable debts, and there was no intention or ability to repay the amount even if he borrowed the money from the injured party.

On September 20, 2016, the Defendant transferred KRW 8 million to the national bank account (E) in the name of the Defendant from the damaged person.

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