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(영문) 의정부지방법원 2018.09.05 2018고단3276

사기

Text

A person shall be punished by imprisonment with prison labor for three months for a crime set forth in the judgment of the defendant and for one month for a crime set forth in the judgment of the defendant.

Reasons

Punishment of the crime

On October 24, 2006, the Defendant was sentenced to one year of imprisonment for fraud at the Seoul Northern District Court, and the parole period was expired on May 23, 2007, and on June 7, 2007. On November 25, 2010, the Defendant was sentenced to three years of imprisonment for fraud, etc., and the judgment became final and conclusive on April 15, 201 in the Jung-gu District Court Goyang Branch Branch, which was sentenced to three years of imprisonment for fraud, etc. on April 23, 2013. On December 15, 2014, the execution of the sentence was completed at the Government Prison, which was sentenced to two months of imprisonment and five months of imprisonment for fraud, etc. at the Government District Court, and the judgment became final and conclusive on February 23, 2015, by being sentenced to imprisonment with prison labor from the Government on February 5, 2016 to the District Court on June 16, 2016.

1. From May 28, 2010 to June 11, 2010, the fraud Defendant: (a) around May 28, 2010, leased KRW 50 million to B after obtaining a loan under the name of the party; (b) during the period from May 28, 2010 to around May 28, 201, the victim C would be fully repaid the principal and interest of the loan in the month in which the shortage in possession of the money was repaired by the party, and the loan was made by the party C.

‘A false statement' was made.

However, in fact, since the Defendant had been liable for personal debt of 30 million won or more at the time and was accused of being investigated by fraud, it was thought that the Defendant would use the money borrowed from the injured party for criminal agreement and for the cost of living, even if he borrowed money from the injured party, he did not have the intent or ability to pay the principal and interest within one month by using it as the repair cost for the middle and the second time.

Around May 28, 2010, the Defendant: (a) by deceiving the victim; (b) received a loan from the Hyundai Swiss Savings Bank from the victim on or around May 28, 2010; and (c) deposited KRW 26.7 million in the name of the Defendant’s former domicile; (b) around June 11, 2010, the victim received a loan from the Defendant’s monthlycom; (c) KRW 7 million received a loan from mountain and loan; and (d) KRW 3 million received a loan from the Defendant’s former domicile; and