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(영문) 의정부지방법원 2017.10.26 2017고단359

사기

Text

A fine of KRW 2,00,00 (No. 2,000) for the crime No. 1 in the judgment of the defendant, shall be punished by imprisonment for 8 months.

Reasons

Punishment of the crime

On July 19, 2012, the Defendant was sentenced to one year of imprisonment for fraud at the Gwangju District Court on December 12, 2013, and was released on November 28, 2014 while the said judgment became final and conclusive on December 12, 2013, and the parole period expired on January 4, 2015.

The Defendant, around May 2013, at the office of Songpa-gu Seoul Metropolitan Government C Building 403, the Defendant, “Around May 2013, 2017, the Defendant would have the victim D liable for the damage E, F, and G real estate owned by the victim and the appraisal amounting to KRW 4 billion.

On the other hand, 25 million won is required for the appraisal request fee.

On the other hand, the deposit of 5 million won is demanded. If the agreed appraisal is not made, the money will be returned.

“The phrase “ was false.”

However, in fact, the defendant was thought to use the money received from the injured party individually, and even if the promised appraisal was not made, he did not have any intention or ability to return the money received.

On May 14, 2013, the Defendant deceivings the victim as above, and acquired money KRW 5 million from the victim to the Agricultural Cooperative Account under the name of the Defendant, by remittance.

around October 2015, the Defendant, “2017 Highest 2797,” carried out the construction of officetels on the land of Kimcheon-si I, the victim H, Kimcheon-si.

On November 16, 2015, the Defendant would lend money to the victim within this day by repaying the existing loans of KRW 45 million and receiving new loans from the victim.

“False speech was made to the effect that it was “.”

However, at the time, the Defendant did not pay the principal amounting to KRW 37 million to a loan company, such as mountain and machine, and had a credit rating of KRW 5,000,000. The Defendant did not have any intent or ability to pay the principal even if he borrowed money from the victim because the Defendant had continuously lent money from the neighboring neighbors without any certain income to appropriate living expenses, etc. while continuously lending 35,00,000 won or more.

The defendant deceivings the victim as above, and is around November 19, 2015 from the victim.