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(영문) 서울중앙지방법원 2013.03.20 2012고단5179
사기등
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

Although the Defendant engaged in the business of piling up in the Seoul Jung-gu Seoul Central District (hereinafter “D”), around 2007, the liability was increased since the fire occurred in the above D, and at the time, the loan borrowed from the bond company, etc. had already reached KRW 100 million, and there was no possibility that the credit bond would be recovered, and there was no intention or ability to pay the loan in time even if he borrowed money from others.

1. Fraud to victims E;

A. On June 6, 2008, the Defendant stated that “If the victim E resides in Seongbuk-gu Seoul Metropolitan Government F, the Defendant would return the right to share per share issued around May 30, 2008 to the victim, the Defendant would pay KRW 30 million including the money previously lent until July 25, 2008,” and that “If the Defendant would return the right to share per share issued around May 30, 2008.”

The Defendant, as above, by deceiving the victim as above, received from the victim a share sheet per 25 million won as the borrowed money.

B. On July 29, 2008, the Defendant stated, “On the part of the above victim’s house, the Defendant paid the amount of the transaction to the victim “on the basis of the refund of the promissory note with a discount of KRW 25 million prior to the said payment, the Defendant would pay the transaction amount first and pay KRW 25 million by October 16, 2008.”

As above, the Defendant was issued a promissory note with a face value of KRW 25 million under the pretext of borrowing money from the victim by deceiving the victim as above.

C. On June 11, 2008, the Defendant stated that “the payment date shall be July 23, 2008, one copy of the household check with the face value of KRW 20 million shall be sent back to the victim later.”

However, since the Defendant was unable to take such economic circumstances as above, the Defendant did not have the intent or ability to issue a provisional return of 20 million won even if he received money from the victim.

As above, the defendant deceivings the victim as above, and is therefore subject to the loan from the victim, the amount of KRW 13 million on June 11, 2008, and June 1, 2008.

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