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(영문) 서울서부지방법원 2019.06.14 2018고단3324
사기
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

The defendant shall obtain money from the applicant for compensation 9,826,00 won and shall do so.

Reasons

Punishment of the crime

"2018 Highest 324"

1. Around May 2017, the Defendant: (a) stated, “Around May 2017, at the teahouse located in the office of the Gangnam-gu Seoul Metropolitan Government, the Defendant leased the victim C with “Seoul Gangnam-gu D Underground Embox or a building; (b) would allow the Plaintiff to lend money from the above so far as the deposit is paid.”

However, in fact, the Defendant did not have any property or profits with bad credit standing, and the Defendant did not actually pay the lease deposit to the owner of the above E-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-Sa-S-S

Nevertheless, the Defendant, as such, by deceiving the victim as such, received a total of KRW 48 million from May 12, 2017 to July 3, 2017 as the lease deposit for the E-Sabry rental store from the victim, and received a total of KRW 337.5 million from seven persons, including the victim C, F, G, H, I, J, and K, as shown in the attached Table 1 of the crime committed.

Accordingly, the defendant was provided property by deceiving the victims.

2. Around August 21, 2017, the Defendant, via the victim I’s spouse L, told the victim I to “Any open plan is front of the end of August, 201, e-mail or construction cost is insufficient, and e-mail or construction cost is delayed, and the amount to be deposited after the third day is late, and thus, he/she shall be repaid immediately if he/she pays 20 million won.”

However, in fact, the defendant did not have any property or profit with bad credit, and not only did the debt reach 400 million won, but also the building lease agreement entered into between the defendant and the lessor M is around July 31, 2017 according to the final performance agreement between the defendant and the lessor M.

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