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(영문) 서울중앙지방법원 2017.06.30 2016고합1196
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for seven years.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

around January 2, 2014, the Defendant: “F” located in Seocho-gu Seoul Metropolitan Government, loaned money from the victim D to “F to purchase an apartment house,” the Defendant paid the interest on February 5, 2014 until March 2, 2014, and the monthly interest on April 30, 2014, and paid the principal amount by dividing the amount into KRW 60 million on February 25, 2014, KRW 200 million on March 2014, and KRW 100 million on April 30, 2014.”

However, at the time, the Defendant was liable for the obligations to the part payments of apartment payments, H and I, and there was no regular income except for the Defendant’s husband’s income. The Defendant did not have any property owned in the name of the Defendant or J, and there was no intent or ability to repay the said money even if it was borrowed from the damaged party as above.

Nevertheless, on January 2, 2014, the Defendant: (a) received 60,000,000 won from the Korean bank account in the name of the Defendant’s husband at the above real estate office from the victim; and (b) received 60,000,000 won from the Korean bank account in the name of the Defendant’s husband at the above real estate office from May 22, 2015; and (c) obtained a total of KRW 9,914,858,092 from May 22, 2015, as shown in attached Table 1.

" 2017 Gohap 5"

1. On February 2016, the Defendant committed the crime against the Victim L, saying, at the Seocho-gu Seoul Metropolitan Government “N” restaurant located in Songpa-gu, Songpa-gu, Seoul, that the victim L is a lending company of Incheon, which gives not only the principal but also three equal interests per ten days, and that the lending company is safe due to its efforts to assist the company in default, and that the lending company will lend money to the lender at his/her own expense and have the principal and interest receive without the molding.”

However, even if the Defendant borrowed money from the damaged party, he was planned to use it for the repayment of his obligation, and there was no idea to lend it to the lending company in Incheon, and there was no intention or ability to repay the borrowed money.

Nevertheless, the Defendant, as such, deceiving the victim and deceiving the victim, on February 19, 2016.

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