logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2013.08.09 2012고단7241
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The defendant will pay 380,000 won to the applicant for compensation by deceit.

Reasons

Punishment of the crime

1. Around March 25, 2009, the Defendant committed fraud against the victim, along with E, etc., decided to operate a static restaurant business with the mutual name “H (hereinafter “H”) of the company H (hereinafter “H”) operated in the Nam-gu Incheon Metropolitan City F and Young-gu G. Around March 25, 2009, the Defendant: (a) around March 25, 2009, the victim D was scheduled to operate a non-exclusive restaurant with the Han-Seung-Seung branch using the filial duty of JJ in Mountain and Incheon; (b) around 250,000,000 won for the loan; and (c) on the loan security of the above business investor, the Defendant would pay the above loan money within three months after establishing the right to collateral security in the future with respect to the K-gu L apartment 101 Dong506, Songpa-gu Seoul Metropolitan Government, which is an investor of the business.”

However, at the time, the defendant had no particular property or income, and the above apartment owned by the above K, which was offered as a security, had already been set up a right to collateral in preference to the mortgagee M and the maximum debt amount of KRW 180 million, and on February 26, 2009, the auction against the above apartment was under way with the decision of compulsory commencement of auction by the Seoul Eastern District Court on February 26, 2009. Therefore, there was no particular value of collateral and it was unclear whether K would set up a right to collateral security in the future of the victim.

In addition, the business prospects of the Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha's Ha' Ha

Therefore, even if the Defendant borrowed money from the victim as above, he did not have the intent or ability to repay it.

Accordingly, the Defendant, by deceiving the victim as above, got the victim to transfer KRW 150 million to N on the same day, KRW 63,50,000 to O, and KRW 19 million to one bank account under the name of the Defendant, thereby obtaining a total of KRW 230,50,000 from the name of the Defendant to the money borrowed.

2. The Defendant committed fraud around April 10, 2009 against the victim. On or around April 10, 2009, around April 10, 2009, the Defendant is the wife of the Seocho-gu Seoul Metropolitan Government P Building.

arrow