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(영문) 서울남부지방법원 2019.06.27 2018고단4160
사기등
Text

Defendant

A Imprisonment with prison labor for eight months and for four months, respectively.

Defendant

Of the facts charged against A.

Reasons

Punishment of the crime

On September 5, 2016, Defendant B sentenced Defendant B to imprisonment for the establishment of gambling places at the Seoul Central District Court on September 5, 2016, and completed the execution of the sentence at the Seoul Detention Center on December 23, 2016.

【Criminal Facts】

1. The Defendants’ co-principal

A. From January 19, 2017, Defendant A made a false statement to the victim C, “A, the president of the Construction Company, is liable for the amount of money that he/she borrowed, and if B does not pay the money, he/she shall be liable for the amount of money that he/she has paid, and if B does not pay the money, he/she shall be liable for the amount of money that he/she has paid, and if he/she borrowed the amount of KRW 10 million,000,000,000 per day, including interest of KRW 30,000 per day.”

However, Defendant B did not operate the construction company, and even if the Defendants borrowed money from the victim with bad credit standing, the Defendants did not have any intent or ability to repay the principal and interest as above.

The Defendants, as above, by deceiving the victim, received KRW 4 million in cash from the victim on January 19, 2017, from Defendant A, and transferred KRW 6 million to the account in the name of D bank (F) used by Defendant B around January 20, 2017.

As a result, the defendants conspired to acquire the property of the victim.

B. On February 7, 2017, Defendant A made a false statement that “If Defendant A borrowed money to his her her son who had not been previously changed, Defendant A would pay 4,500,000 won per day, including interest KRW 3,000,000,000,000,000.”

However, in fact, the Defendants borrowed money as stated in the above paragraph (a) and made the victims believe that they would no longer pay the principal and interest, including the principal and interest, after making a victim believe that they would have borrowed money, and then the Defendants would not pay the principal and interest even if they borrowed the money from the victims.

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