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(영문) 인천지방법원 부천지원 2016.06.22 2015고단3528

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[criminal record] On October 15, 2004, the Defendant was sentenced to five years of imprisonment for a crime of fraud, etc. by the Seoul High Court, and on June 5, 2007, the Defendant was sentenced to eight months of imprisonment for a crime of fraud at the Suwon prison in Seoul, which was released on August 14, 2012 during the execution of the sentence, and the parole period expired on February 15, 2013.

[Criminal facts]

1. On January 29, 2014, the Defendant of the crime against the victim C stated, at the coffee shop located in Bupyeong-gu, Bupyeong-gu, Incheon, Bupyeong-gu, Incheon, that “The Defendant would purchase the E’s land in Pyeongtaek-gu, Bupyeong-gu, Incheon,” and said, “I will lend money to the victim C, use it as a down payment, receive the ownership of the land after acquiring the ownership of the land, and pay 250 million won interest within 15 days with the loan of KRW 200 million.”

However, in fact, the Defendant had concerns over the credit rating of 10 degrees, and real estate registered in the name of the Defendant had no remaining collateral value due to the establishment of a mortgage, and there was no financial condition such as income tax and taxes for a long time in arrears. Since the Defendant did not receive money from the injured party, even if he did not receive money from the injured party, the Defendant did not have the intent or ability to obtain a loan after purchasing the land owned by the Defendant and to repay it to the injured party.

The defendant deceivings the victim as above, and he acquired 160 million won from the victim on January 29, 2014 by receiving 1.6 million won from the victim.

2. On February 6, 2014, the Defendant of the crime against the Victim F stated that “The Defendant would purchase E’s land in Pyeongtaek-si D” to the victim F, “I will pay interest of KRW 1,80,000 to the principal until February 14, 2014 with the loan of money at the registration cost, use it at the registration cost, receive the ownership of the land after acquiring the ownership of the land, and receive the loan of the land as collateral.”

However, the facts are that the defendant has paid money from the damaged person, such as Paragraph 1.