(영문) 서울중앙지방법원 2015.02.12 2014고단8260

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(영문) 서울중앙지방법원 2015.02.12 2014고단8260

사기

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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On August 21, 2009, the Defendant simply borrowed a loan to the victim F within the “E Real Estate Office” office of the fourth floor of the building in Gangnam-gu Seoul, Gangnam-gu, Seoul, saying, “I would promptly repay money to the hospital if I would have lent money to the hospital.”

However, even if the above money was received, the defendant was thought to use the above money for the cost of living, and there was no intention or ability to pay the borrowed money or to pay the card price.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 1 million from the victim as the borrowed money on the same day, and transferred the sum of KRW 5 million in total to the deposit account in the name of the Defendant’s wife G by paying the amount of KRW 563,000 with the credit card in the name of the victim, as described in the attached Table Nos. 1 through 5, including the remittance of KRW 1 million from the victim.

2. On September 9, 2009, the Defendant said that, within the “E Real Estate Office” office, the Defendant established a company by investing the amount of KRW 60 million to the victim, who purchased the land in the name of the company and sold it to the general public to pay benefits, and then returned the principal on or before December 2009, and delivered the amount of KRW 1 billion after two years thereafter.”

However, the fact was that the Defendant was planning to proceed with the business with the money received from the victim, and did not have the funds to make investments, and there was no way to secure the ownership of the land that could yield profits by selling the land to another person because it was impossible to prepare the intermediate payment and balance for purchasing the land in the name of the company, so there was no intention or ability to pay benefits to the victim or redeem the principal through land sale.

Nevertheless, the defendant deceivings the victim as above and belongs to it.

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