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(영문) 서울동부지방법원 2017.06.23 2017고단1113
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Fraud against the victim B;

A. On June 2, 2015, the Defendant borrowed money from the car page located in Aririro, Gangdong-gu, Seoul, to the victim even if he/she received a loan as to the method of receiving the loan, regardless of whether he/she would be informed of the method of receiving the loan. Around June 2, 2015, the Defendant would pay interest at the cost of the loan and make a repayment without paying the money.

“.....”

However, at the time, the Defendant only used money from the damaged party with a total of KRW 160 million as money for gambling or intended to repay personal debts, and did not have any intent or ability to repay the money to the injured party.

As above, the Defendant: (a) by deceiving the victim; and (b) received from the victim, through the SC bank account in the name of the Defendant on the same day, KRW 10 million from the victim as the borrowed money; and (c) from that time until August 1, 2016, he received the total amount of KRW 64.3 million in the same way as indicated in the list of crimes in the attached Table from August 1, 2016.

B. On August 12, 2015, the Defendant needs to have a guarantor to obtain a temporary loan from the victim at the D parking lot located in Gangdong-gu Seoul Metropolitan Government, Gangdong-gu.

The loan refers to a joint and several guarantee that is repaid without a mold.”

However, the defendant received a loan and intended to use it as gambling fund, and there was no intention or ability to repay the loan with a total of KRW 160,000,000.

The defendant deceiving the victim as above and caused the victim to borrow a total of KRW 15 million in the fiveth instances of the lending company on the same day, each of which is KRW 3 million, and had the victim take a joint and several surety, and then acquired the loan and pecuniary profit equivalent to the same amount.

2. Fraud to victims E;

A. On July 27, 2016, the Defendant ought to extend construction works to operate the Health StT PP in the car page located in Gangdong-gu Seoul Metropolitan Government Gangdong-gu, Seoul, for the victim’s name.

A loan of KRW 15 million shall be free from lending money.

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