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(영문) 서울동부지방법원 2015.06.18 2014고단3966
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

"2014 Highest 3966"

1. On May 14, 2010, the Defendant made a false statement to the effect that “If a post office located in Seongdong-gu Seoul Metropolitan Government Geumho-dong lends KRW 10 million to the victim C, the Defendant would pay a monthly interest of KRW 2,000,000,000.”

However, in fact, the defendant was planning to use money for the repayment of the wage obligation, not for the purchase of podry field with money from the victim, and at the time, the defendant was not able to repay the money within the agreed time limit because it is difficult for the defendant to repay the existing debt with the income of KRW 160,000,000,000 from the victim.

The Defendant, by deceiving the victim as such, received KRW 10 million from the victim as the loan money on the same day, and acquired it by fraud.

2. On October 22, 2012, the Defendant made a false statement to the victim in Seongdong-gu Seoul, Seongdong-gu, Seoul, stating that “A person would make a lump sum repayment with the money borrowed prior to the loan of KRW 15 million, if the business fund is insufficient,” to the victim described in the preceding paragraph.

However, as stated in the preceding paragraph, the Defendant had aggravated financial standing, and even if he sells his house, he had to use it for other purposes, such as repayment of the existing loan. Therefore, even if he borrowed money from the victim, the Defendant did not have any intention or ability to repay it.

As such, the Defendant, by deceiving the victim, received money of KRW 15 million from the victim as the borrowed money on the same day and acquired it by fraud.

The Defendant, around May 2012, the Seongdong-gu Seoul Metropolitan Government 2015 Highest 596, concluded that the Defendant “E” near the “E” wing factory operated by the Defendant on the second floor of the D building in Seongdong-gu, Seoul, stating that “A victim F would have paid money for one year on the loan of money.”

However, at the time of fact, the defendant is obligated to pay approximately KRW 200 million to credit unions, including KRW 130 million.

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