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(영문) 의정부지방법원 2017.11.22 2017고단1893
사기
Text

A defendant shall be punished by imprisonment for one year.

The defendant shall pay 150,000,000 won to the applicant for compensation.

Reasons

Punishment of the crime

around May 23, 2015, the Defendant “2017 Highest 1893,” through I, from around May 23, 2015 to the management of Defendant A, the Jongno-gu Seoul H market A, Jongno-gu, Seoul H market, to pay money to the Victim C to the extent that it lends money that is necessary to prevent the check.

At present, J 1007 of Southyang-si, the value of which is more than 70 million won, and about 210 million won of bank collateral security is set, so it can be fully repaid if it is sold.

“The purpose of “ was to make a false representation.”

However, the Defendant was at the time at approximately KRW 780,00,000 and the market price at the time was approximately KRW 480,000,000,000, but the said real estate was already at the time, and there was no real value as collateral was established, and there was no economic difficulty due to the fact that there was no profit in operating the mortgage exceeding KRW 500,00,00, and there was no intention or ability to repay the said real estate even if the Defendant borrowed money

The Defendant, on May 23, 2015, obtained KRW 10 million from the injured party on May 23, 2015, KRW 10 million on May 26, 2015, KRW 10 million on May 29, 2015, KRW 10 million on May 29, 2015, KRW 30 million on June 15, 2015, KRW 30 million on June 25, 2015, KRW 30 million on June 25, 2015, KRW 30 million on July 13, 2015, KRW 10 million on September 1, 2015, and acquired KRW 150 million on September 25, 2015 through I.

around July 17, 2015, the defendant of "2017 Highest 3243" lent money to the victim in the residence of the victim K located in Dongdaemun-gu Seoul Metropolitan Government for the purpose of paying interest to the victim after one month from the loan of 10 million won to the victim.

“The purpose of “ was to make a false representation.”

However, in fact, the defendant had a debt worth approximately KRW 7.80 million at the time, and there was no intention or ability to repay the debt even if he borrowed money from the injured party because it was extremely difficult to economically and economically due to the lack of profits from the operating store.

The defendant shall be the same day from the injured party.

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