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(영문) 서울서부지방법원 2020.06.11 2019고단2355
사기
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

The Defendant is an infinite who operates the “Ceagle” in Yongsan-gu Seoul Metropolitan Government, and the victim D came to know that he had been in the above B, around 2002, and became aware of the Defendant, the Defendant continued to maintain a friendly relationship and help the Defendant build a C Museum.

1. On March 18, 2009, the Defendant borrowed borrowed money related to the E loan shall grant the victim a loan of KRW 10 billion at the E-E organization for 0.3% per annum, and at the same time, there is no money at present. Accordingly, the Defendant shall use the loan amount of KRW 7 billion in advance, and the remainder of KRW 3 billion in working expenses and KRW 3 billion in total of KRW 60 billion in working expenses and KRW 3 billion in working expenses around July 10, 2009, and shall be prepared within KRW 15 days as working expenses around July 10, 2009.

However, there was no intention or ability to use the money received from the victim for working expenses and to deliver the money by receiving the loan, since the above E had been given a loan of KRW 10 billion from the E.

Nevertheless, as above, the Defendant deceiving the victim, and thereby deceiving the victim on March 2009, KRW 9 million around July 22, 2009, KRW 21.6 million around July 27, 2009, and KRW 90 million in the indictment, including KRW 21.6 million around July 27, 2009, was taken as a clerical error and acquired by deception.

2. Around October 10, 2009, the Defendant: “Around October 10, 2009, the Defendant: (a) requested that the victim “E has made a decision at the time to grant the loan to him; (b) the department in charge of the government has delayed the loan; and (c) he requested that the Cheongdae and the person concerned promptly make the loan to him. At that time, the Defendant borrowed 15 million won in each one to three persons related to the Cheongdaedae and the Cheongdae, respectively.”

However, in fact, there is no decision for internal loan cycle in E, and there is no money received from the victim.

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