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(영문) 서울남부지방법원 2018.06.20 2016고단4052 (1)
사기
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

"2016 Highest 4052"

1. On March 10, 201, the Defendant: (a) around March 10, 201, at the office D office of the fifth floor law firm of Seocho-gu Seoul, Seocho-gu Seoul Metropolitan Government C Building, the Defendant stated that “The victim B would pay for KRW 50 million after three months if the litigation cost is insufficient because the lawsuit was in progress; and (b) the cost of the lawsuit is insufficient.”

However, even if the defendant borrowed money from the injured party, the defendant was planned to use the money received from the injured party for personal purposes as well as to have no intention or ability to repay the money on the day of the promise.

Nevertheless, the defendant deceivings the victim as above and acquired the money from the victim to the account in the name of the defendant E in the name of the same day under the name of the victim.

2. On July 8, 2011, the Defendant told the victim B to pay KRW 80 million after three months if the costs of lawsuit were to be loaned to the law firm office described in paragraph (1).

However, even if the defendant borrowed money from the injured party, the defendant was planned to use the money received from the injured party for personal purposes as well as to have no intention or ability to repay the money on the day of the promise.

Nevertheless, the defendant deceivings the victim as above and acquired it through the account in the name of the defendant E under the name of the same day from the victim.

The Defendant, around October 2015, at the law firm G Office located in Seocho-gu Seoul, Seocho-gu Seoul, Seoul around October, 2015, would allow the victim I, who was the auditor of the Hnn's General Assembly, to appoint a judicial lawyer in the criminal case of clans. Accordingly, the Defendant sent attorney-at-law fees.

In other words, it refers to the victim’s name at that time against KRW 5,683,50, and KRW 6,455,400 and KRW 6,400 in the name of the attorney-at-law in the claim for cancellation of ownership transfer registration against the owner’s nominal owner, etc.

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