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(영문) 서울중앙지방법원 2015.12.10 2015고단6298
사기등
Text

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

Reasons

Punishment of the crime

1. Fraud;

A. On May 8, 2015, the Defendant stated that “A female-friendly job offering victim C shall take over a drinking house. D. The down payment shall be paid two months after receiving the maximum loan in four names.”

However, the Defendant was not at the time to take over the drinking house, and was thought to use the borrowed money as living expenses or entertainment expenses, while there was no specific property, but there was no intention or ability to pay the borrowed money even if he borrowed such money as above, such as financial institution debts of KRW 20 million.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 55 million from the victim to the Agricultural Cooperative (D) account under the name of the Defendant for the same day.

B. On July 1, 2015, the Defendant: (a) around July 1, 2015, it is urgently necessary to pay the down payment to the victim E, a workplace partner, to want shopping mall business.

53 million won or more shall be provided as security for vehicles in the name of another person.

9.7.To pay 120,000,000 won of the Credit Savings Fund to the Agricultural Cooperative immediately upon face of 120,000,000 won and to pay interest.

“However, the Defendant did not have any intent to provide the vehicle as security, and there was no intent or ability to repay the borrowed money. Nevertheless, the Defendant, by deceiving the victim as above, received KRW 53 million from the victim to the said Agricultural Cooperative Account in the name of the Defendant on or around the 2th of the same month. C. The Defendant, on or around July 21, 2015, borrowed money from the victim F, who is a workplace partner by telephone, with the payment of KRW 1.7 million until July 24, 2015.

“...”

However, even if the Defendant borrowed the above money, he did not have the intent or ability to repay it.

Nevertheless, the defendant deceivings the victim as above, and thereby, 1.7 million won under the name of the defendant for the same day from the victim.

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