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(영문) 서울서부지방법원 2013.08.14 2012고단2179
사기
Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

◀2012고단2179

1. On July 10, 2009, the defrauded of the Victim C, the Defendant, at the Defendant’s office located in Jung-gu Seoul Metropolitan Government D around July 10, 2009, concluded that “The Victim C, who borrowed KRW 60,000,00,000, received and sold the Kamera, and then paid the money in three-month interest, shall be paid in three-month interest.”

However, in fact, while income is less than KRW 90 million due to the aggravation of business management, the debt was equivalent to KRW 90,000, and was in the so-called return preventing the repayment of existing debt by borrowing money to another person, there was no intention or ability to repay the money even after borrowing it.

The Defendant received KRW 4 million from the victim, namely, from the victim on the pretext of the borrowed money, and received KRW 56 million from the national bank account (Account Number E) in the name of the Defendant.

Accordingly, the defendant deceivings the victim and received property.

2. Around May 27, 2011, the Defendant entered into a false statement on the part of the Defendant’s residence located in Eunpyeong-gu Seoul Metropolitan Government on May 27, 201, stating, “Around the current monthly sales of KRW 50 million, the Defendant would make a repayment in installments by KRW 200,000 per month until June 27, 201.”

However, in fact, the monthly sales of the G is less than KRW 10 million, and the debt has already been more than KRW 300 million, and in order to repay the card payment, it was a situation where the credit is borrowed at the same time in addition to the victim, and there was no intention or ability to repay it even if it was borrowed.

The Defendant received 4 million won from the victim, i.e., the foreign exchange bank account (Account Number H) in the name of the Defendant, under the name of the Defendant, from the victim.

Accordingly, the defendant deceivings the victim and received property.

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