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(영문) 서울중앙지방법원 2013.11.22 2013고단4418
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

[Criminal Power] On September 25, 2012, the Defendant was sentenced to one year and four months of imprisonment for fraud at the Seoul Central District Court on September 25, 2012, and the said judgment became final and conclusive on November 29, 2012.

"2013 Highest 4418"

1. The Defendant was not in custody of the amount of KRW 6.3 billion, KRW 10 billion, KRW 20 billion, and KRW 20 billion, with respect to the money borrowed from the victim BC. The Defendant did not have the ability to repay the money. The Defendant did not have the intent or ability to purchase the land of the Plaintiff’s housing site of the Han-si District BK in sale.

On September 26, 2011, the Defendant, at the office of the above victim on the third floor of Seocho-gu Seoul Metropolitan Government BLtel, displayed a copy of the passbook in the name of the Defendant, which was deposited by the said victim in KRW 6.3 billion, and, in order to find it, it is necessary to keep the agricultural bank in custody of KRW 6.3 billion. If the Defendant finds KRW 6.3 billion, the Defendant acquired KRW 50 million from the said victim’s loan money from the said victim to the company that operated the victims of electric power supply house construction work.

In addition, from around that time to November 29, 201, the Defendant received a total of KRW 357 million from the above victim on five occasions, such as the attached list of crimes, from around that time to around November 29, 201.

"2013 Highest 4653"

2. On April 5, 2011, the criminal defendant against the victim BM made a false statement to the effect that “The present auction business is in progress, and if an investment is lent, 2% interest shall be paid on a monthly basis and the profit shall be paid in addition to the above-mentioned auction business.”

However, the Defendant has already borrowed approximately KRW 1.5 billion in total from AF, AE, BP, etc. around that time.

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