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(영문) 서울서부지방법원 2012.10.11 2011고단1361
사기
Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

"2011 Highest 1361"

1. On July 28, 2010, the Defendant made a false statement to the victim F of Seocho-gu Seoul E building 312, stating, “The Defendant would obtain a loan from the victim F by August 15, 2010 if the Defendant borrowed only KRW 30 million, with a lack of funds, from the victim F.”

However, at the time, there was no building for the Defendant in Yongsan, and there was no property in the name of the Defendant since 1985, and there was no economic difficulty, such as there was no particular income. Therefore, even if the Defendant borrowed money from the victim, there was no intention or ability to repay the money from time.

Nevertheless, the Defendant, as seen above, was accused of the victim and received KRW 30 million from the victim on the same day.

2. On October 2, 2010, the Defendant, at the H office of the first floor of the Gangnam-gu Seoul Metropolitan Building, told the said victim to the effect that “five affiliated organizations exist in the H Foundation, and five vice-chairpersons of the H Foundation are in charge of the said organization. If the inside of the Republic of Korea is in a 5 organization, the F president’s business will take place once, and if the F president’s business will take place, it will be repaid immediately if the said organization lends 3 million won to the five organizations, and it will give a good f president’s good fling to the F president’s company.”

However, since the defendant did not take charge of the above five organizations at the time, it was impossible to publicize the business of the victim, and even if he borrowed money due to such economic difficulties, he did not have the intent and ability to repay it.

Nevertheless, the Defendant, as above, was accused of the victim and received 3 million won from the victim on the same day.

3. The Defendant, in around October 15, 2010, lent KRW 3 million to the above victim of the H office held in the middle of the FH office, “If the Defendant borrowed KRW 3 million to hold a large event in Hong Jae-do after a day, he/she will repay the said amount in combination with the money borrowed so far, and give publicity to the F President.”

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