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(영문) 서울중앙지방법원 2014.01.27 2013고단4282
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On July 13, 2010, the Defendant: (a) leased 103, 1407, and 200,000,000,000,000 out of the above lease deposit to KRB life with C and his husband on July 13, 2010; (b) obtained a loan from KRB life; and (c) transferred the above lease deposit claim 200,000,000,000,000 out of the lease deposit to KRB life; and (d) was well aware that it should not receive the above lease deposit from the victim; (b) however, at the time, the Defendant conspired with C by deceiving the victim who would not be able to pay interest on the loan amount to KRW 100,000,00,000,000,

On April 201, the Defendant called the Defendant’s house at the Seoul Special Metropolitan City E Apartment No. 103 Dong 1407, 1407, to F, the husband of the victim D, and called the Defendant “on the spot, the lessee should have to go to the local director”, given the money to be used as the priority down payment out of the lease deposit if the tenant is going to the local director, changed the remainder of the lease deposit when the director comes to the director, and made a repayment of the lease deposit to avoid any damage.

“.....................”

However, as seen above, the Defendant was under circumstances that it is difficult for the Defendant to pay monthly interest on loans when the obligation comes to KRW 100 million, and there was no particular property or income, and there was no intention or ability to pay the above loan normally at the maturity of the loan.

Nevertheless, the Defendant made a false statement to the victim as above, and acquired it by transfer from the victim to the single bank account under the name of the Defendant, KRW 20 million on April 29, 201, KRW 50 million on May 11, 201, KRW 40 million on May 12, 201, KRW 90 million on May 13, 201, and KRW 200 million on May 13, 201.

Accordingly, the defendant acquired the victim's property in collusion with C.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and D;

1. Defendant, ..

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