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(영문) 서울서부지방법원 2020.08.27 2020고단636 (2)
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Power] On December 19, 2019, the Defendant was sentenced to a suspended sentence of ten (10) years of imprisonment for fraud at the Seoul Western District Court, and the judgment became final and conclusive on the 27th of the same month.

【Criminal Facts】

1. Around August 30, 2017, the Defendant against the victim B made a false statement to the victim at the first floor of a hotel in Yeongdeungpo-gu Seoul Metropolitan Government, Yeongdeungpo-gu, Seoul Metropolitan City, that “A victim is driving away from a corporate and corporate bonds.” The Defendant received a fee for six real estate business currently in progress and repaid in one week, thereby lending KRW 50 million.”

However, the Defendant did not carry out the real estate business as soon as he/she could receive the fee immediately, and did not have any possibility or intent to repay the debt even if he/she borrowed money from the victim with no special property or income at least KRW 300 million, even if he/she borrowed money from the victim, he/she did not have any ability or intent to repay the debt by the date of promise.

As above, the Defendant, by deceiving the victim, received money of KRW 50 million from the victim to the DNA bank account in the name of the defendant, and acquired it by deception.

2. On September 2017, the Defendant made a false statement to the victim E, stating that “The victim’s principal office located in Yeongdeungpo-gu Seoul Metropolitan Government F is in need of prompt entry” at the office of the victim of the G Institution’s principal office located in the Yeongdeungpo-gu Seoul Metropolitan Government F, and that “The Defendant would pay if the loans applied to the bank as security to the Jin Innovation City were to be paid if the loans applied to the bank as security were to be paid at the end of the drilling.”

However, in fact, the Defendant was unable to file an application for a loan with a financial institution as the real estate business of the Jinju Innovation City around that time, and thus, cannot receive the fee. The Defendant thought to use the loan from the victim as a living cost, etc. because there is no special property or income, while the debt reaches about KRW 300 million.

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