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(영문) 서울중앙지방법원 2017.01.10 2015고단7962
사기등
Text

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

Of the facts charged in the instant case, the facts charged are not guilty. It is so decided as per Disposition.

Reasons

Punishment of the crime

The defendant of Gangnam-gu Seoul is selling cosmetics in the trade name "F" in Gangnam-gu.

1. Crimes against victims G;

A. On August 6, 2013, the Defendant committed the crime of 2013: (a) the victim G agreed to purchase a water gauge from another company and deliver it to the cosmetic company “H”; (b) the victim made a false statement stating that “I will pay the principal and interest of 10% after 20 days from lending KRW 45 million to the cosmetic company; and (c) the victim received remittance of KRW 45 million from the victim’s bank account in the name of the Defendant on the same day from the victim; and (d) the victim received KRW 45 million from the victim to the bank account in the name of the Defendant on the same day as indicated in the list of crimes in the attached Table.

9.2. up to four occasions a remittance of KRW 130,500,000 in total to the same account has been received.

However, the Defendant did not have to deliver the amount of money to H. However, it was thought that part of the money borrowed from the damaged person would be prevented from returning, such as repaying the amount of money borrowed from other damaged persons. Based on June 2014, 2014, the Defendant did not have the intent and ability to repay the money borrowed from the damaged person according to an agreement, since the amount of debt exceeds 900 million won and the amount of debt is not adequate.

As such, the Defendant received KRW 130,500,000,000 from the victim, in total, as a loan, from the victim.

B. On June 2014, the Defendant committed the crime of 2014, in the “I” car page operated by the Defendant in Gangnam-gu Seoul, Gangnam-gu, Seoul, the date of which was the end of June, 2014, and the victim “I” borrowed KRW 50 million from K operating the J, and if K pays KRW 50 million, it shall be invested KRW 300 million.

section 3.

There are 10 million won in the present, and 40 million won in the loan to K, and 30 million won in the following repayment of 50 million won in the loan to K, shall be paid 100 million won in the existing loan by June 30, 2014, and the remainder shall also be paid by July 31, 2014.

“A national bank in the name of the injured party on the 26th day of the same month from the injured party.”

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