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(영문) 서울중앙지방법원 2018.01.31 2016고단4113
사기등
Text

A defendant shall be punished by imprisonment for seven years.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

"2016 Highest 4113"

1. On March 2015, the Defendant shall pay KRW 95 million to the victim F of the “G” office in Gangnam-gu Seoul Gangnam-gu Seoul Gangnam-gu Seoul Metropolitan Government Beauty Arts Center E, which is operated by the Defendant, for the interior works of the “G,” which is the second math store operated by the Defendant on the first floor of the Seoul Gangnam-gu D Building.

“.........”

However, at the time, the defendant was liable for the amount of KRW 400 million and was urged to do so, so even if the injured party did not have the intention or ability to pay the construction cost.

As such, the Defendant, by deceiving the victim, had the victim do so from around that time to May 2015, and had the victim do so at the above burial, and paid KRW 30 million as the construction cost, and acquired the pecuniary benefits equivalent to KRW 65 million as the remainder of KRW 65 million as it did not pay.

2. On March 2015, the Defendant, in the name of a gift certificate business, borrowed money, paid a high interest of 20% per month to the victim F by borrowing money from the above office around March 2015, and requested a payment of the amount at any time, he/she shall pay it within three days.

“.........”

However, at the time, the defendant was liable for the amount of KRW 40 million and was urged to do so, even if he borrowed money from the injured party, there was no intention or ability to pay interest and principal to the injured party.

As such, the Defendant, by deceiving the victim and deceiving the victim from the victim, through the corporate bank account (Account Number H) account of the Defendant on March 16, 2015, and 10 million won on March 18, 2015, respectively, acquired the total amount of KRW 20 million from each remittance.

3. On April 17, 2015, the Defendant involved in the fraud related to the repayment by subrogation of liability, at the above office, “I’s obligations to I.D.”

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