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(영문) 서울중앙지방법원 2017.09.13 2017고단5351
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant operated manufacturing companies, such as handbags, with the trade name “D,” in Seoul Special Metropolitan City, Gwanak-gu, Seoul Special Metropolitan City C and 2.

The defendant, for economic reasons, has attempted to acquire money from the victim E who was aware of the fact that it is difficult to operate the above company more or more, from the elderly and the defendant who was living together with the defendant, for the purpose of borrowing money.

Around October 2016, the Defendant, at the foregoing “D” office, planned to obtain a loan from the said victim, as additional loans are difficult due to the need for money in the present business, other loans, and to receive a loan under the name of the victim, the Defendant would have repaid the Defendant’s existing loan with the money and recovered the credit rating and recover the Defendant’s existing loan.

The principal and interest may be paid in one month, and the interest accrued shall be paid on behalf of the defendant with the profits of the defendant company.

“A false statement was made to the effect that it was “.”

However, in fact, the Defendant did not have the ability to obtain additional loans even if he/she repaid his/her existing loans, and the operation of the Defendant’s factory did not make profits, and even if he/she borrowed money from the said injured party due to having reached KRW 90 million, he/she did not have the intent or ability to pay the principal and interest within one month or to pay the interest on the victim’s loans with the Defendant’s profits.

Nevertheless, the Defendant: (a) by deceiving the victim on November 4, 2016 and deceiving the victim; (b) 300,000 won around December 5, 2016; (c) 2 million won around August 8, 2016; and (d) 3 million won around February 14, 2017 to the new bank account (F) account in the name of the Defendant respectively; and (c) acquired the total amount of KRW 98,00,000 from the victim to the new bank account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. A complaint and attached data (Evidence Nos. 1 to 3), a report on an investigation (Attachment of A Account Details), account transaction details, investigation report (suspects credit information and data from the National Tax Service).

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