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(영문) 서울남부지방법원 2013.07.16 2012고단1911
사기
Text

A defendant shall be punished by imprisonment for one year.

Provided, That the execution of the above punishment shall be suspended for two years from the date this judgment became final.

Reasons

Punishment of the crime

From December 2004 to January 201, 2010, the Defendant was a person who operated a release on bail with the trade name “D” in Seocho-gu Seoul Metropolitan Government C Building 1821, and was aware of the victim E’s each type F and elementary school, following the victim E’s each type of F and the elementary school.

1. Around October 23, 2008, the Defendant stated, “Around October 23, 2008, the victim E from H hotel Lane in Seocho-gu Seoul Metropolitan Government, “A tax investigation is conducted on bail with tax evasion while operating the H hotel on bail, and a tax official demands money and valuables on the condition of tax evasion, and if a tax official lends money to him/her as he/she is in need of pay, he/she shall

However, in fact, there was no tax investigation of the Seocho Tax Office on D operated by the Defendant, and there was a plan to use the Defendant to repay the Defendant’s operating funds on bail or the Defendant’s obligation by lending money from the victim, and the Defendant demanded repayment of the Defendant’s obligation amounting to KRW 200 million from the I, and the Defendant was demanded by the J, etc. who lent a credit card to use the credit card to pay the credit card amount equivalent to KRW 300 million, and there was no intention or ability to pay the Defendant with the money borrowed from the victim according to the agreement due to the low operational performance on bail.

On October 24, 2008, the Defendant received KRW 26 million in total from the Defendant’s new bank account on October 24, 2008 and KRW 60 million in total from the Defendant’s new bank account on October 24, 2008.

2. On the first and second day of November 2008, the Defendant stated in the coffee shop that “If there was a private placement of K among our customers on bail, he wanted to help the company pay the corresponding amount of damages due to embezzlement of KRW 4 billion and fraud of KRW 10 billion, he would immediately pay the amount of bail equivalent to KRW 2.5 billion if he borrowed the amount of KRW 300 million.”

However, the fact, however, lends money to K, or release on bail from K.

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