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(영문) 서울중앙지방법원 2013.10.24 2013고단2458
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

"2013 Highest 2458"

1. Fraud against the victim C;

A. On August 18, 2008, the Defendant made a false statement to the effect that “Around August 18, 2008, the Defendant would pay ad hoc money to the victim C by telephone. If the Defendant borrowed money, the Defendant would give three (3) interest per month and pay the principal by December 31, 2008, which was six (6) months thereafter.”

However, in fact, the debt owed to the National Bank was equivalent to 36 million won, D, and E, and even if the defendant borrowed money from others due to the low clothing sales business of the defendant, there was no intention or ability to repay the debt.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 20 million from the victim to the foreign exchange bank account in the name of the Defendant on the same day.

Accordingly, the defendant was given property by deceiving the victim.

B. On November 11, 2009, the Defendant made a false statement to the effect that “The Defendant would purchase the clothing to be supplied to the victim H” from G Coa or G Coa located in Seocho-gu Seoul Metropolitan Government, Seocho-gu, Seoul, the Defendant would make a false statement to the effect that “on November 11, 2009, the Defendant would pay the principal without molding up to February 11, 2010, which is three months after the loan of money.”

However, as described in the above paragraph (a) above, the Defendant has to pay the principal and interest to the money borrowed from the victim C, and the obligation to the National Bank was equivalent to 36 million won, D, and E, and even if the Defendant’s clothing sales business was insufficient, there was no intention or ability to repay the money with others even if they borrowed money.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 20 million from the victim to the foreign exchange bank account in the name of the Defendant on the same day.

Accordingly, the defendant was given property by deceiving the victim.

2. On April 27, 2011, the Defendant against the victim I is the victim I as the victim I.

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