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(영문) 서울북부지방법원 2014.04.25 2013고단2250
사기
Text

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

Reasons

Punishment of the crime

On May 2010, the Defendant made a false statement to the effect that “The victim E is urgently required to pay money with business funds, the amount of KRW 700,000,000 shall be paid to him/her and the amount of the loan shall be repaid directly within a month immediately before the payment is made.”

However, in fact, the Defendant was planned to use the money borrowed from the victim as living expenses, not business funds, and the office rent of about KRW 200 million is not paid in time due to the burden of personal debts, and there is a circumstance in which it is impossible to repay the loan and interest within the agreed period, and thus, there was no intention or ability to pay the money even if the Defendant borrowed money from others.

Nevertheless, the Defendant, by deceiving the victim and allowing the victim to borrow approximately KRW 20,000 from several lending companies, and received money from the victim to the national bank account in the name of F, which is the Defendant’s child, for the purpose of borrowing KRW 1,97,00,000 from May 7, 2010 and KRW 1,957,00,000 from May 11, 201.

Of August 2009, the Defendant, “2013 Highest 2915,” knowing that there is a difficulty for the Defendant to borrow money from the Defendant’s D Office located in Namdong-gu Incheon Metropolitan City on the security of real property from the Defendant’s office, and, by using it, received money from the Victim and used it to use the money, may receive loans to the extent of KRW 130 million if there is an internal corporate bond office and the real property is offered as security.

The amount of KRW 50 million from the loan is used by the political party, and the amount of KRW 80 million is lent for the business fund.

That is, the money will be repaid within two months.

‘A false statement' was made.

However, at the time, the defendant did not have any property, and the debt was approximately KRW 200 million.

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