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(영문) 서울남부지방법원 2013.11.07 2013고단3335
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Around March 30, 2006, the Defendant: (a) around March 30, 2006, 15 million won was the victim H at a cafeteria near the D used vehicle trading company located in Gangseo-gu Seoul Metropolitan Government, on March 30, 2006; (b) on the following grounds: (c) on the part of the victim H, the Defendant was transferred KRW 15 million from the victim’s belief that “I will use it only if I will lend the interest amount of KRW 15 million; (d) I want to use it only if I will use it and repay it with the loan amount of KRW 15 million on or around March 30, 2006.”

However, at the time, the defendant was only a apartment purchased at KRW 120 million in 2005, but the apartment was loaned KRW 80 million as security, while the bonds become more than KRW 60,000,000, and on the other hand, while engaging in the used vehicle sale and purchase business, it did not have the ability to repay the money from the victim when borrowing the money from the victim, and there was no plan for the director to receive the sale of large-scale apartment house.

Accordingly, the defendant was given property by deceiving the victim.

2. On May 17, 2006, the Defendant: (a) around May 17, 2006, 2006, the victim of the D Used Motor Vehicle Trading Co., Ltd. said D Used Motor Vehicle Co., Ltd. stated, “When the principal intended to pay part payments by granting KRW 420 million per unit to B for the purchase of the apartment, the principal would not be paid part payments; (b) the interest would be sufficiently paid; (c) the victim would use it only if he/she lends KRW 23 million; and (d) the victim was remitted KRW 23 million as a loan on the same day.”

However, at the time, the defendant was only a apartment purchased in the amount of KRW 120 million in 2005, but he received approximately KRW 80 million as a security, and the bonds were only KRW 60 million, while he was engaged in the used cars sales business.

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