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(영문) 서울북부지방법원 2015.01.22 2012고단3134
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

"2012 Highest 3134"

1. On August 201, 201, the Defendant made a false statement to the Dcafeteria operated by the Defendant in Gwangjin-gu Seoul Special Metropolitan City (Seoul Special Metropolitan City Gwangjin-gu) to the victim E that “A lawyer must be appointed if he/she lends money to another person. If he/she lends money, he/she will pay interest of 5% per month and pay it within 3 months.”

However, the defendant did not have any intention or ability to repay the debt borrowed from the land at the time to the extent of KRW 50,000 through KRW 60,000,000, and even if he did not have any particular property, he did not borrow money from the victim.

On August 26, 2011, the Defendant, by deceiving the victim, received 6 million won in total from the Defendant’s corporate bank account on August 26, 201, and acquired 10 million won in total from the said account on September 21, 201.

2. On October 201, the Defendant concluded that “If the Defendant borrowed money from the G restaurant operated by the Defendant in Dongdaemun-gu Seoul, Dongdaemun-gu, Seoul, the Defendant would pay interest on the second five (5) interest per month and within four (4) months if the Defendant borrowed money from the Defendant’s G restaurant operated in Dongdaemun-gu, Seoul.”

However, the defendant did not have any intention or ability to repay the debt borrowed from the land in the amount of KRW 50,000 to KRW 60,000,000, and even if he did not have any particular property, he did not borrow money from the victim.

On October 24, 201, the Defendant, by deceiving the victim as above, received 20 million won from the victim to the Defendant’s corporate bank account on October 24, 201.

3. On November 201, 201, the Defendant made a false statement to the effect that “The Defendant would pay the victim money in return for a loan of money.”

However, the facts are that the defendant's obligation borrowed from his land reaches the amount of KRW 50 million to KRW 60 million, and even if there is no particular property, the defendant's intent or ability to repay the debt even if he borrows money from the victim.

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