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(영문) 서울중앙지방법원 2013.07.05 2012고단6522
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

【2012 Highest 6522】 The Defendant purchased a heavy-hand vehicle from the victim C at a container around March 2009, and solicited the victim C to make an investment in return for selling and distributing profits, and received an investment from the victim several times from around that time.

On August 8, 2011, the Defendant stated that “The Defendant would get the Defendant to win the vehicle as a new vehicle,” which read, “The Defendant would be able to purchase the vehicle at KRW 180,000,00.”

However, at the time, the defendant was under the demand for repayment of obligation due to a large amount of damages in the process of purchasing a heavy straw vehicle and returning it, and even if he received money from the victim, he did not intend to use it for the repayment of obligation of the defendant, and there was no intention to purchase the above ndrop vehicle.

As such, the Defendant, by deceiving the victim as such, received from the victim the transfer of KRW 50 million, around August 19, 201, KRW 50 million, KRW 50 million around the 25th day of the same month, and KRW 100 million, in total, to the Japanese bank account under the name of the Defendant.

[2012 Highest 6708] The Defendant did not have any particular property at the time, but did not reach KRW 200,000,000, but did not have any intent or ability to complete payment even if he borrowed money from the victim D, because he had to pay the debt rapidly.

Nevertheless, on July 19, 2012, the Defendant made a false statement to the effect that “The Defendant is raising funds to purchase the present external vehicles in a large quantity at a place without calls from the victim,” and that “The amount of KRW 1 billion should be collected, but if the Defendant borrowed KRW 45 billion, which is the insufficient amount, it shall be repaid up until July 25, 2012.”

On July 19, 2012, the Defendant is under the name of the Defendant for the purpose of borrowing KRW 45 million from the victim.

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