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(영문) 서울동부지방법원 2018.08.23 2018고단65
사기
Text

A defendant shall be punished by imprisonment for four months.

The defendant pays 14,500,000 won to the applicant C.

Reasons

Punishment of the crime

The defendant, the victim C, and the victim F are the only people in the church, and the victims are the victims.

1. On August 25, 2014, the Defendant, at “H” operated by the Defendant on the fourth floor G4 in Gangdong-gu Seoul Metropolitan Government, concluded that “The Defendant would pay interest of KRW 400,000 per month by lending KRW 20,000 per month to I, while the interest cost is to be borne, if I lent KRW 20,000,000,000,000 to I, and then, he would pay interest of KRW 00,000 per month to the Party, and the principal will be repaid two years later.”

However, as above, the Defendant did not have any property to repay the money from the victim, and did not think that the money paid from the victim would have been used to repay the existing debt to I, and it was thought that the Defendant would have used the money to pay the Defendant’s living expenses or business expenses.

Ultimately, the Defendant, by deceiving the victim as above, received a remittance of KRW 20 million from the injured party on the same day.

2. On July 6, 2016, the Defendant stated that “Around July 6, 2016, the Defendant, in the house of the Victim F located in Gangdong-gu Seoul Metropolitan Government, shall collect a fee by means of a lawsuit in possession of another person, and there is no attorney’s cost to recover ownership, and when winning a lawsuit, he/she will complete reimbursement in excess of KRW 500 million.”

However, in fact, the Defendant did not have filed a lawsuit related to land, and even if the lawsuit was concluded in the status of litigation seeking confirmation of the existence of paternity with respect to biological parents, it did not have a situation to secure a specific property for the head of the party, and even if he borrowed money from the injured party, he did not have any property to repay the borrowed money, and would have used the borrowed money as the Defendant’s living expenses or business expenses.

Ultimately, the Defendant, by deceiving the victim as above, received a remittance of KRW 10 million from the injured party on the same day.

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