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Reasons
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(영문) 서울북부지방법원 2012.11.29 2011고단2475
사기
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A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant did not have invested money in the new construction of the D Building in around 2004, and was not a purchaser of the E apartment 406 located in Bupyeong-gu Incheon, Incheon, and the personal debt was 107,000,000 won, and there was no intention or ability to repay the debt even if it borrowed money from the victim F.

1. On October 18, 2004, the Defendant made a false statement that “If the Defendant loaned KRW 20,000,000,000 to a business operator constructing a new D building, he would pay monthly interest on the 3th of May 20, 2005.”

The Defendant, as such, by deceiving the victim, received 100,000 won cashier’s checks from the victim.

2. On December 9, 2004, the Defendant stated that “The Defendant would pay 200,000,000 won monthly interest to the victim at the place indicated in paragraph (1) of this Article, if he/she lent KRW 20,000 to the business operator who constructs a new D building, because he/she made an investment to the business operator who constructs a new D building, he/she would pay 3% interest on July 9, 2005.”

The Defendant, as such, by deceiving the victim, was issued 100,000 cashier’s checks from the victim, that is, 10,000 won.

3. Around January 12, 2005, the Defendant stated that “The Defendant would provide the victim with the right to sell an apartment E apartment unit 406 located in Bupyeong-gu, Incheon with the right to sell the apartment unit as security” at the place specified in paragraph (1). If the Defendant borrowed KRW 20,000,000, the Defendant would pay the monthly interest and pay the repayment without molding until February 12, 2005.”

The Defendant, as such, by deceiving the victim, received 200 won cashier’s checks from the victim, namely, 100,000 won.

4. On May 19, 2005, the Defendant: (a) around 4, 2005, the middle-term street street in the Jung-gu, Seoul, China-gu, "No. 8,000,000 won, because the Defendant did not receive money from the construction business operator."

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