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(영문) 서울동부지방법원 2016.08.31 2015고단4078
사기
Text

The defendant is innocent. The summary of this judgment shall be notified publicly.

Reasons

I. On February 18, 2011, the Defendant was sentenced to a two-year suspended sentence to be held in the Seoul Western District Court for embezzlement on August 13, 201, and the judgment became final and conclusive on May 13, 201. On December 5, 2013, the Seoul Eastern District Court sentenced a two-year suspended sentence to be held in August 201 for embezzlement and became final and conclusive on July 1, 2014.

1. Fraud of loans;

A. On March 2010, 2010, the Defendant: (a) was a member of the Working Committee in Seoul Metropolitan City, who held the victim D with “I return to her natives and will have the father’s land in the clan.”

In addition, in order to find the father's land, it is necessary to pay for the appointment of the lawyer.

The principal shall be paid up to November 2010 with the loan of 20 million won to the attorney-at-law appointment fee and the interest of 2% per month and the principal shall be paid up to November 2010.

“A false representation was made.”

However, even if the party borrows money from the injured party, it was thought that it will be used for other purposes, such as personal subscription money, and since there was no particular property or revenue source, there was no intention or ability to pay the money normally even if it was borrowed from the injured party.

Defendant deceiving the victim as above and was transferred to the national bank account in the name of Defendant KRW 10 million from the victim on March 26, 2010, and KRW 10 million on March 29, 2010 to the national bank account in the name of Defendant.

B. On July 201, 201, the Defendant borrowed KRW 20 million to the said victim from a member of the Haman in Seoul Special Metropolitan City on July 201, with interest on KRW 20 million and repaid up to December 201.

“A false representation was made.”

However, in fact, at the time, the financial rights and the loan companies were to bear approximately KRW 70 million, and the expenses paid with interest on loans and credit card bills were to cover KRW 12 million each month, while there was no intention or ability to pay them normally even if there was no particular property or source of income, and there was no intention or ability to pay them normally even if they were to borrow money from the damaged party.

The defendant deceivings the victim as above, and thereby deceivings the victim, the amount of KRW 20 million on July 26, 201 from the victim.

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