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(영문) 서울중앙지방법원 2016.04.14 2015고단7887
사기
Text

A defendant shall be punished by imprisonment for two years.

The defendant pays 141,342,00 won to the applicant through fraud.

Reasons

Punishment of the crime

[2015 Highest 7887]

1. Fraud against the victim C;

A. around June 2013, the Defendant is required to pay funds to the victim for his/her food business in Gangnam-gu Seoul Metropolitan Government Down 301.

The loan of KRW 30 million shall be repaid in 200,000 per month among the profits.

“A false representation was made.”

However, it was not actually carried out, and the defendant did not have any intent or ability to complete payment even if he borrowed money from the injured party.

The Defendant received KRW 30 million from the damaged party to the Agricultural Cooperative account in the name of the Defendant on June 14, 2013.

B. On July 4, 2013, the Defendant would lend money to the victim for business purposes to the victim.

“A false representation was made.”

However, the facts did not have the intention or ability to repay money even if they borrowed money from the injured party.

Around July 4, 2013, the Defendant received KRW 120,000,00 from the injured party to the Agricultural Cooperative account under the name of the Defendant, and received from that time, totaling KRW 15,612,00 from that time until March 22, 2014, including the transfer of KRW 15,612,00 from that time to March 22, 2014.

(c)

The Defendant, around October 2013, 301, the Gangnam-gu Seoul Metropolitan Government DBD 301, “The director is about to go to the Seocho-gu Etel 1122,” and the conditions of occupancy in the office to go to the director are KRW 100 million, monthly, and KRW 300,000,000,000,000,000 won of the house currently living.

“A false representation was made.”

However, in fact, the terms and conditions of the contract for the settlement of directors were KRW 10 million, monthly rent of KRW 10,000,000, and the Defendant intended to use KRW 30,000,000 for personal purposes, excluding KRW 10,000,000,000 paid as security deposit.

The Defendant received KRW 37.5 million, including KRW 10 million, around October 31, 2013; KRW 3.5 million, around November 5, 2013; and KRW 24 million, around November 6, 2013, from the victim to the agricultural bank account in the name of the Defendant.

(d)..

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