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(영문) 서울동부지방법원 2018.01.10 2017고단2686
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

However, for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On the other hand, the Defendants paid the interest or principal of the debt owed to the son in excess of the monetary obligation, and the Defendants subsequently corrected ex officio as facts acknowledged based on evidence duly adopted and investigated by this Court to the extent that it does not interfere with the Defendants’ right of defense.

1. On July 20, 2012, Defendant A committed the crime at around July 20, 2012, in the vicinity of the Seocho-gu Seoul Metropolitan Government Station, “The land is located in Young-si Station D, and the sale of the land can be punished with a large amount of money by changing the form and quality of the land.

In order to pay money to the real estate business in Yong-Nam, it will be paid with money from Yong-Nam after two months after the loan.

“Falsely speaking, Defendant B, through E, the victim’s wife, made a false statement that “The victim entered money in the real estate business of South-dong life, and the victim can receive money within two months if the victim entered an additional KRW 30 million.”

However, in fact, the Defendants did not have any cash that could be used because of real estate investment, Defendant B’s lending of funds to the South-North Korean residents, and even if they borrowed money from the damaged party while they borrowed interest, etc. from the injured party with additional loans, they did not intend to repay the borrowed money at the time they promised to do so and did not have any intent or ability to repay the borrowed money at the time of promise by the injured party.

On July 27, 2012, the Defendants received 30 million won from the damaged party’s account at Defendant A’s National Bank Account (F).

As a result, the Defendants conspired to deception the victim and received KRW 30 million.

2. On September 2012, Defendants of the crime committed around September 2012 made investment in the victim’s husband and wife and the victim’s place of meals in the restaurant located in Jongno-gu Seoul, Jongno-gu, Seoul.

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