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(영문) 서울동부지방법원 2018.09.19 2018고단1925
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

In the course of ordinary monetary transactions, the Defendant conspiredd with C to borrow money from the victim B to borrow money as a facility fund for the opening of the room, and as C is a bad credit holder, the Defendant borrowed money in his/her own name as D.

On June 2008, the Defendant called a telephone to the victim in the middle of 2008, and obtained a tax amount of 120 million won as security deposit for the lease contract for D' E's commercial buildings, but the facility fund is required.

D The victim called “the amount that can be loaned as security for commercial buildings shall be 65 million won,” stating that “the amount that can be loaned as security for commercial buildings shall be 65 million won.”

In addition, after the defendant met the victim with D, H, and E at the G real estate office located in F at Sinsi-si on July 2, 2008, the defendant needs to operate the cream bank by leasing D I Building J, K, and L (hereinafter “instant commercial building”) to the victim at the deposit 120 million and twenty million won.

The tenant column of the commercial building lease contract entered D and B as the joint name, and the deposit for the commercial building as the security and the H lending of money to the guarantee of H. M. Since there is a person who knows M, he/she will be responsible and repaid in full within two months after the loan begins.

“A false representation was made.”

However, D only lent the name to C, and C, the actual borrower of the money, did not have the intent or ability to repay the money even after borrowing the money from the injured party, and D and C did not have the deposit to be provided to the injured party as collateral because D and C did not pay KRW 120 million to the husband N of E, the owner of the instant commercial building, due to the fact that D and C did not pay KRW 120,000,00, and H did not have the intent or ability to repay the above debt even to the person with bad credit standing who

Nevertheless, the defendant, however, has N as lessee, and E as lessor.

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