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(영문) 서울동부지방법원 2014.03.20 2013고단2997
사기
Text

A person shall be punished by imprisonment with prison labor for two months with prison labor for the crime No. 1 of the judgment of the defendant, and imprisonment with prison labor for two months.

Reasons

Punishment of the crime

【Criminal Power】 On April 27, 2007, the Defendant was sentenced to one year and six months of imprisonment for the crime of occupational breach of trust at the Seoul Western District Court, and two years of suspended execution, and the above judgment was finalized on May 5, 2007.

【Criminal Facts】

1. On April 12, 2007, the Defendant falsely stated that “this 23.1 million won note (AJ, September 11, 2007, maturity 2007) is a discount note that is settled to the victim at the “AI office” office located in the fiveth floor of Mapo-gu Seoul Metropolitan Government AG building, and “this 20.3 million won note (AJ, September 11, 2007).”

However, in fact, the Defendant: (a) stated that “the issuer would deposit the amount of the bill at home” and received the said bill at the time; (b) was in a situation where the Defendant would settle the payment of the bill; (c) the Defendant was in an economic difficult situation due to the unsold sale of Kimpo H apartment at the time; (d) was unable to repay the loan amount of approximately KRW 13-1.4 billion; and (e) the Defendant did not have any intent or ability to pay the bill by depositing the amount of the bill at the due date even if the Defendant received the discount from the victim because it is not adequate financial resources, such as the creditor I’s obligation to pay the amount to the creditor I

Accordingly, the Defendant, by deceiving the victim as above, acquired 2,2240,000 won from the victim to the account in the name of the defendant on the same day.

2. Around June 7, 2007, the Defendant made a false statement to the victim “this 42.9 million won bill (AK, October 17, 2007 at maturity)” to the effect that “AK and the bill at discount, which is settled, is the bill at discount.”

However, in fact, the Defendant: “I have to deposit the amount of the bill at home” to F, the issuer, and received the bill, and the Defendant was in a situation where I would pay the amount of the bill, but the Defendant was in an economic difficult situation due to the unsold sale of Kimpo H apartment at the time, and was unable to pay the amount of the loan KRW 13-1.4 billion to the obligee I.

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