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(영문) 서울중앙지방법원 2014.02.19 2012고단331

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

The part of the application for compensation order of this case against the defendant shall be dismissed.

Reasons

Punishment of the crime

【Criminal Power】 On April 30, 2008, the Defendant was sentenced to six months of imprisonment in Seoul High Court for fraud, and completed the execution of the sentence in Seoul Southern District on July 19, 2008.

【Criminal Facts】

1. C’s joint criminal conduct with C was in a bad credit position when the debt amount was 30 million won or more, and even if there was no special property or income, there was no intent or ability to repay the debt amount, and the Defendant did not receive any money borrowed from the victim B. The Defendant was in a bad credit position when the debt amount was 12 million won or more, and even if the Defendant did not have any special property and the Defendant borrowed money from the victim because he did not have any intent or ability to repay the debt amount, the Defendant was able to borrow money from the victim who was friendly with C, and C was able to borrow money from the victim who was friendly with C, or the Defendant was able to use it as his own house, or the Defendant was able to borrow money from the Defendant with additional money.

C means, around March 24, 2010, the victim's house of the Dong Government-si 101 Dong 1602, Dong 1602, "If the victim lends 6 million won to the victim's house, he/she will give 10% interest after one week since he/she had worked in the house." It received 6 million won from the victim to the bank in the name of E on the same day.

Accordingly, the defendant conspireds with C to obtain 6 million won from the victim.

The Defendant and C conspiredd 60,502,750 won in total over 14 times by November 29, 2010, such as the list of crimes in the attached Table, from that time until November 29, 2010.

2. The defendant's sole criminal conduct;

A. On December 11, 2010, the Defendant lent KRW 180,000 to the Defendant’s house, because the attorney-at-law in charge is not able to register the right to sell tax for the Defendant’s own tax in arrears.

(b) arrears;