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(영문) 서울남부지방법원 2014.10.13 2014고단261
사기
Text

Defendant

A Imprisonment with prison labor for ten months and for five months, respectively.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

Defendant

A, on June 22, 2007, was sentenced to one year of imprisonment for fraud at the Incheon District Court, and the execution of the sentence was terminated on March 2, 2008.

On February 23, 2009, Defendant A made a false statement stating that “If he/she lends KRW 35,000,000 to the victim D at the coffee shop near the subway Station No. 3 of Gangseo-gu Seoul Metropolitan Government, he/she will offer as security the deposit amount of KRW 60,000,000 for the deposit of KRW 101 of Gangseo-gu Seoul Metropolitan Government F building and pay interest at the interest rate of KRW 3.0,00.”

However, in fact, the Defendant had a debt amounting to 120,000,000 won at the time, and had no intention or ability to repay the debt amount even if the Defendant borrowed 35,00,000,000 won from E as collateral and borrowed 40,000 won from E as collateral, and thus, it was impossible for the Defendant to borrow additional money from the victim as collateral because he could not borrow 35,00,000 won from the lender.

As above, the Defendant, by deceiving the victim, received 35,000,000 won from the victim, thereby deceiving the victim.

Defendant A, on March 19, 2009, lent KRW 40,000,000 out of the deposit amount of KRW 60,000,00 of the deposit amount of KRW 101 in Gangseo-gu Seoul Metropolitan Government, and the principal amount of the interest will be repaid by October 19, 2009, with the payment of KRW 49% per annum by payment of KRW 49% per annum until October 19, 2009.

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

However, in fact, the Defendant had already borrowed KRW 35,00,000 from E as security, and 35,000,000 from D with the above deposit. At the time, the Defendant did not have any intent or ability to repay the deposit even if he borrowed KRW 40,00,00 from the victim because there was no special property or income.

The defendant.

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