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(영문) 서울남부지방법원 2014.02.05 2013고단2613
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for six months and by imprisonment for four months.

However, each of the two years against the Defendants.

Reasons

Punishment of the crime

The Defendants introduced the victim E, which is the second half of 2010, to Defendant B, Defendant B, the second half of 2010, to Defendant A, and the Defendants and the victims have contacted with each other and accumulated their friendship.

1. On January 25, 2012, Defendants A’ joint criminal conduct refers to the Defendant’s payment of monthly salary after two months from the Plaintiff’s payment to the Plaintiff at the “GMoel” parking lot located in Mapo-gu Seoul Mapo-gu Seoul Metropolitan Government, and “B’s father loan loan was made in excess of the auction.” The Defendant is entitled to receive monthly salary after the two-month payment, and Defendant B is entitled to receive the quarterly payment on March 31, 2012. In short, Defendant B continued to ask the Defendant of the truth of the horses at the same time from the MaMoel protection room on the same day after asking the Defendant’s payment of the money from March 31, 201, and even if he/she is unable to pay the money, he/she shall be entitled to full payment of the money.”

However, at the time, Defendant B was not in progress with the auction procedure against Defendant B’s father H-owned lending, and Defendant B did not have any special property or fixed income, and was in excess of the debt amounting to KRW 70,000,000,000 for financial rights and surrounding neighbors, and Defendant A did not have any specific financial plan to pay money to the victim within two months from the date of borrowing. Thus, Defendant A did not have any intent or ability to pay the money properly even if he borrowed money from the victim.

Nevertheless, on January 27, 2012, the Defendants conspired to make a false statement in collusion with the Defendants, and 10 million won from the bank account (I) in the name of the Defendant A, which was jointly used by the Defendants on January 27, 2012, and the same year.

2. 24. 24. A total of KRW 15 million was remitted to the above account and acquired by deception.

2. The sole crime committed by Defendant A;

A. On August 27, 2012, the Defendant borrowed funds from the lender on August 27, 2012.

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