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(영문) 서울중앙지방법원 2014.12.18 2014고단276
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

around May 2008, the Defendant made a false statement that “A victim C (the age of 40) who was born by the Defendant as a legal adviser of a company with a representative director at an infinite area Seoul (hereinafter referred to as “2014 Highest 276”) was a victim C (the age of 40) who was born by the Defendant as a legal adviser of a company with a representative director. A vehicle is necessary to start a new business. There is no difference or no lease in the name of the current infinite, so that the vehicle may not be dead or leased under the name of the current infinite, the Defendant would pay the monthly rent

However, the defendant did not have any intention or ability to pay rent on behalf of the victim because there is no particular income or property, and eventually, the defendant would dispose of the leased vehicle in the name of the victim in another place to lend funds.

The Defendant, on May 16, 2008, had the victim enter into a lease agreement between the “F” in Seocho-gu Seoul Metropolitan Government E on May 16, 2008, under the name of the lessee, to lease the leased principal of KRW 50 million in the name of the lessee and the victim, and did not pay the lease fee on behalf of the victim.

Accordingly, the defendant, by deceiving the victim, acquired pecuniary benefits equivalent to KRW 50 million.

around July 17, 2009, the Defendant: (a) around July 17, 2009, at the “I” office where the victim H in Seocho-gu Seoul Metropolitan Government is working, the Defendant would have the victim implement real estate in the Pungdong zone; and (b) would have the victim be able to perform the registration affairs arising therefrom. The money to be used as project expenses, such as K with the Chairperson of the J hotel in Gangnam-gu Seoul, would be urgently needed; (c) if the money to be used as the project expenses is leased KRW 18 million, he would have to be repaid at KRW 20 million after two weeks. On the other hand, at the K Chairperson or Mara, he made a false statement to the Promissory Notes that the joint and several surety would also be notarized.”

However, even if the defendant has received the money from the victim, he/she shall introduce the registration affairs of real estate or shall have the intent or ability to repay the money within the repayment deadline.

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