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(영문) 서울북부지방법원 2017.01.13 2016고단3898
사기등
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[Criminal record] On May 12, 2016, the Defendant was sentenced to a suspended sentence of six months of imprisonment for fraud at the Seoul Northern District Court, and the judgment became final and conclusive on September 6, 2016.

[Criminal facts]

1. Fraud;

A. On April 3, 2009, the Defendant opened an office with the victim C at a teahouse located in the Jung-gu, Seoul, China, and China around April 3, 2009, as Japan had engaged in construction business in Korea.

In addition, N. N. N. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. L. 10 million won each.

The bond business is not allowed to receive any money, and the principal will be paid within one year by entering the name of the principal of the loan with the interest of one part per month and the principal will be paid within one year.

The phrase “ makes a false statement.”

However, the facts did not intend to repay the money even if they were borrowed from the injured party who did not have a manager or a corporate bond business in Japan.

The Defendant, as such, by deceiving the victim, received KRW 32 million from the injured party on the same day as the borrowed money.

B. On April 30, 2009, the Defendant: (a) was brought a divorce lawsuit against the Defendant; (b) had the Defendant’s spouse, on the pretext of borrowing the victim’s real estate from the Defendant to prepare for the division of the property or the claim for damages; and (c) had the victim’s property commercialized by taking the loan as security; and (d) had the Defendant’s spouse, who had no corporate agent engaging in the bond business as above, borrowed money from the injured party.

D was thought to be used for other purposes, such as purchasing apartment houses in the name of D, and there was no intent to repay the borrowed money, but the victim borrowed money by making it possible to offer money as security to the E-owned apartment house 602. By investing in the bond business, the amount of KRW 1,00,000 per month until December 2009 and KRW 2,00,000 per month shall be paid as interest and the principal shall be paid as soon as possible.

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