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(영문) 서울남부지방법원 2014.02.12 2012고단3103
사기등
Text

Defendant

A Imprisonment for two years, and Defendant GD for four months, respectively.

However, this judgment is delivered against Defendant GD.

Reasons

Punishment of the crime

[criminal power] On December 23, 2011, the Defendant was sentenced to a suspended sentence of two years on March 16, 201, at the Seoul Southern District Court, for fraud, etc., and the judgment became final and conclusive on March 16, 2012.

【Criminal Facts】

[1] Highest 2012 Highest 3103

1. On December 18, 2008, the Defendant made a false statement to the effect that, at the V office of Defendant’s operation on the second floor of the Yeongdeungpo-gu Seoul Metropolitan Government U.S. U. building, “If the Defendant lends 15 million won to GH, the Defendant would transfer the collateral security as set forth in GI apartment 108 Dong 604, both weeks, to the party for good faith.”

However, the defendant did not have any intention or ability to transfer the right to collateral security established on the apartment owned by GH to the victim.

Nevertheless, the Defendant, by deceiving the victim as such, received 14,550,000 won from the victim to the Japanese bank account (number : GJ) in the name of the CA.

2. On December 23, 2008, the Defendant made a false statement to the victim GG by calls at the above V office, stating that “GK borrowed KRW 50 million from actual money, there is no transfer household in the possession loan of GK, and if GK alone does not own the house and borrowed money, it would be deducted from the principal and interest by receiving a loan of the second financial right, and it would create a collateral security of KRW 75 million for the loan.”

However, the fact is not that GK borrowed money, but it was a lessee of deposit 75 million won on December 27, 2006.

Nevertheless, the Defendant, by deceiving the victim as such, issued a cashier’s check with 29.1 million won on the pretext of borrowed money from the victim. On January 7, 2009, the Defendant was transferred KRW 19,400,000 to the above Japanese bank account under the CA on January 7, 2009.

3. The Defendant, around February 11, 2009, intended to borrow from the above V office, and “GL” from the victim GG, and KRW 22 million.

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