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(영문) 서울중앙지방법원 2020.01.22 2018고단1573
사기
Text

A defendant shall be punished by imprisonment for a term of one year and nine months.

Reasons

Punishment of the crime

On December 23, 2016, the Defendant was sentenced to one year of imprisonment for fraud at the Seoul Central District Court, and the judgment became final and conclusive on September 21, 2017.

The Defendant’s wife B’s land and above-ground buildings located in Gwanak-gu in Seoul Special Metropolitan City (hereinafter “instant studio”) were at least 1.2 billion won, such as the obligation to refund the deposit deposit, the obligation of provisional seizure, etc., and even if the Defendant borrowed KRW 500 million from others, it was impossible to fully repay the obligation to the instant studio, and it was not possible to obtain a loan of KRW 1.0 billion from the bank as security.

Nevertheless, on April 2015, the Defendant concluded that “The studio of this case has a defect of KRW 80 million, which he is in charge of KRW 300 million and the remainder is 500 million. When lending money, the Defendant would create a priority right holder by setting up a collateral security and arranging senior creditors such as the existing collateral security, lease deposit, delinquent tax, etc., and would pay the money borrowed from the bank as security by borrowing KRW 1 billion from the bank. It would repay the money within three months, and the interest would be paid at KRW 2% per month.”

The Defendant, under the pretext of the borrowed money, transferred KRW 217,291,058, including KRW 50 million from the victim, KRW 50 million on April 23, 2015, KRW 17,000 on April 27, 2015, KRW 40 million on May 7, 2015, and KRW 217,291,058 on June 3, 2015, to the victim, on April 28, 2015, KRW 71,986,40, KRW 560 on April 29, 2015, KRW 58, KRW 160 on April 29, 2015, KRW 58, KRW 40 on the victim’s account; KRW 58,560 on the victim’s total to the Seoul Special Metropolitan City, KRW 405,50 on May 28, 2015, KRW 205, respectively.

Accordingly, the defendant deceivings the victim, thereby deceiving 477,230,000 won.

(i) the evidence;

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