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(영문) 대전지방법원 천안지원 2015.09.01 2015고단1102
사기등
Text

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

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

"2015 Highest 1102"

1. On April 10, 2014, the fraud Defendant made a false statement to the victim E that “I will pay money at a high interest rate and principal for three months if I lend money to I.D.).”

However, the Defendant was aware of the fact that he did not actually engage in the corporate bonds business, and was liable for approximately KRW 60 million to the branch, and even if he borrowed money from the victim due to the unpaid tax amount equivalent to KRW 100 million, he did not intend to repay the above debt or use it as living expenses, so there was no intention or ability to repay the borrowed money.

The Defendant received 109,450,000 won from the victim’s seat to the national bank account (F) in the name of the Defendant as a loan.

Accordingly, the Defendant was given property by deceiving the victim as above.

2. Around October 23, 2014, the Defendant: (a) at the H attorney-at-law office located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu; (b) the victim E provided the victim E with the land of three parcels of land and borrowed the money to the victim E as security; (c) KRW 57,980,000 in a new bank account (K) in the name of the victim in his/her possession; and (d) KRW 7,500,000 in a single bank account (K) around the 24th day of the same month; and (c) around the 30th day of the same month, the Defendant received each remittance of KRW 30,000,000 and kept KRW 95,480,00

While the Defendant kept the above borrowed money on behalf of the victim, he/she immediately transferred the money to his/her national bank account (F) in his/her name and used the money to repay his/her personal debt at his/her own discretion.

Accordingly, the defendant embezzled the victim's property.

"2015 Highest 1156"

1. The Defendant, on August 2014, contacted the victim L who had a high school-friendly relationship with him/her in his/her first place in order to contact him/her with him/her, and the property is not good in the situation where he/she was living together.

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