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(영문) 서울중앙지방법원 2015.10.07 2015고단529
사기
Text

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

Reasons

Punishment of the crime

On January 8, 2013, the defendant is a person who has been in office as the C representative director of the KCA and conducts the appraisal and assessment of live animals for the purpose of clothing, miscellaneous retail business, etc.

around June 30, 2013, the Defendant, at the office of the Dispute Resolution Co., Ltd. operated by the Defendant in Dongjak-gu Seoul Metropolitan Government, referred to the victim E, “a bank deposit of KRW 200 million and KRW 100 million for the purchase of clothes, if the sum of KRW 300 million, the Defendant may receive a loan of KRW 1.2 billion, which is 6 times the bank deposit, from the genetic animal loan, and the amount of KRW 300,000,000,000,000 won per month, shall be refunded within three months and the amount of 200,000,000 won per month shall be refunded.

'' was discussed.

Accordingly, the Defendant: (a) KRW 300 million on July 2, 2013; (b) KRW 50 million on July 16, 2013; and (c) the same year.

8.1.1. 50 million won, each of which was received under the pretext of a loan, and received a total of 400 million won from the victim F introduced through the above E on July 11, 2013, the victim F, who was introduced through the above E, KRW 30 million on July 3, 2013, KRW 12.3 million on the same month, KRW 6 million on the 19th day of the same month, KRW 37 million on the 20th day of the same month, KRW 3.3 million on the 23th day of the same month, and the same year;

8. A total of KRW 150,000,000,000 for loan was received on the 23.23.26.26.1 million for the same month, and each of KRW 50 million on the 28.5 million for the same month, etc.

그러나, 피고인은 피해자들로부터 차용한 금원을 이용하여 속칭 ‘땡처리’ 의류를 구입, 전매하여 수익을 내려고 계획하고 있었으나 의류사업의 경기가 좋지 아니하였으므로 피해자들에게 약속하는 것과 같은 고수익을 낼 수 없었을 뿐만 아니라, 위 ‘땡처리’ 의류를 담보로 금융기관으로부터 유동물 대출을 받을 가능성이 없었으며, 피고인이 보유하고 있는 특별한 재산도 없었으므로, 피해자들로부터 금원을 차용하여도 이를 변제할 의사나 능력이 없었다.

After all, the defendant deceivings victims to take property.

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