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(영문) 서울서부지방법원 2021.02.18 2017고단3439
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

The defendant pays 100 million won to the applicant by fraud.

Reasons

Punishment of the crime

On May 25, 2014, the Defendant entered into a lease contract with the victim B by setting the deposit amount of KRW 150 million for the lease deposit of KRW 150 million for the lease of the building E in Seongbuk-gu Seoul, and from July 15, 2014 to July 19, 2016 for the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of the lease of

On the other hand, the Defendant obtained a loan of KRW 100 million from G Co., Ltd. (hereinafter “G”), around December 2016, and as security, established a pledge on KRW 120 million out of the claim for the repayment of deposit amount of KRW 150 million against the victim, and the victim consented to the establishment of the pledge.

On May 15, 2017, the Defendant made a false statement that “If the deposit for the deposit for the deposit for the deposit for the deposit for the deposit is returned, the Defendant would directly repay the loan to G and its interest on the deposit.”

However, even if the Defendant received the deposit from the injured party, he was expected to use the loan for other purposes, such as the spouse’s business fund, credit card arrears, and living expenses, without immediately repaying the loan from the injured party, and there was no special property or income other than the above deposit, and there was no intention or ability to repay the loan to G because economic circumstances are not sufficient to the extent that the interest payment of the loan is not possible.

Around May 15, 2017, the Defendant: (a) by deceiving the victim; (b) transferred KRW 10.5 million to the H bank account (I) in the name of the Defendant; and (c) KRW 132 million to the same account around June 13, 2017; and (b) continued to receive KRW 7.5 million in cash from the “K Authorized Brokerage Office” located in the Seongbuk-gu Seoul High Court on June 17, 2017; (c) even if the Defendant received the payment of KRW 150 million in cash from the “K Authorized Brokerage Office” located in the Seongbuk-gu Seoul High Court, the Defendant did not repay the amount with the money; and accordingly, (d) the victim was at the risk of repaying the amount of KRW 100 million to the L who acquired the claim to return the deposit from G.

Accordingly, the defendant deceivings the victim and is equivalent to KRW 100 million.

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