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(영문) 서울중앙지방법원 2016.07.28 2015고단5430
사기등
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

"2015 Highest 5430"

1. On June 1, 2008, the Defendant borrowed money from three life insurance offices, etc. in the future in Gangnam-gu Seoul, Seoul, to the victim D (43 years of age) at three life insurance offices, etc., the Defendant was transferred KRW 20 million from the victim on July 1, 2008 to the Defendant’s account in the name of the Defendant.

On July 2008, the Defendant stated to the effect that “Bar’s deposit is KRW 150 million to the victim at the above place, etc. where the Defendant borrowed additional KRW 80 million to the victim, thereby allowing the victim to have the right to claim the return of KRW 100 million out of KRW 150 million to be owned by the victim, thereby guaranteeing the recovery of the total amount of KRW 100 million of the principal borrowed by the victim.”

However, the above (Bar) deposit was not KRW 150 million, but KRW 50 million. The Defendant revised the description of the deposit for the lease contract under the name of the lessor from KRW 50 million to KRW 150 million, thereby showing the victim and awareness of the victim. The Defendant did not have any intent or ability to repay the principal even if the Defendant additionally borrowed the amount of KRW 80 million from the victim because there was no property such as investing the property in the opening of the above (Bar) business expenses.

As such, the Defendant, by deceiving the victim, received on July 11, 2008, KRW 80 million from the victim to the account under the name of the Defendant, and acquired it by deceiving the victim.

2. On July 4, 2009, the Defendant of a private document forgery without authority to extend the repayment period of principal with the victim at three life insurance offices in the above future for one year. In the real estate indication column of the real estate in the contract form for the real estate lease contract of Gangnam-gu Seoul Metropolitan Government, the “one story underground floor of building in Seoul,” “on June 26, 2009” and “on June 26, 2009” and the deposit guarantee column.

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