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(영문) 대전지방법원 2018.12.12 2018고단2592

사기

Text

Defendants shall be punished by imprisonment for three years.

However, with respect to Defendant B, the above sentence shall be imposed for five years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

As the Defendants were married with each other, their business failure has become economically difficult due to their economic difficulties, the Defendants conspired to raise a living cost by making false statements to neighbors.

Accordingly, the Defendants found the victim D's house located in Daejeon-gu Daejeon-gu Daejeon around the end of December 2010, and caused the victim to “the victim was a farmer in the so-called Gyeonggi-gu, Seoul-gu, and became a farmer in the so-called Gyeonggi-gu.”

Since the punishment has been adopted, it is not a framework to bring a lawsuit on the house and compensation-related litigation.

A false statement was made to the effect that a lawsuit is to be repaid without a mold at the end of one to two months as the lawsuit is completed, with a loan of KRW 40,000,000.

However, in fact, Defendant A’s large volume of vehicles did not have the above invoices and used them for the cost of living with money from the injured party or for preventing the repayment of the debt to others. At the time, Defendant A was liable for the debt due to Defendant A’s business failure, and there was no special income due to the lack of occupation since 1996. Since the house in which he was living had no property value due to the establishment of a collateral security right equivalent to the market price, the Defendants did not have any intention or ability to pay the debt normally from the injured party.

Ultimately, in collusion, the Defendants received KRW 40 million from the victim to the E bank account (Account Number:F) under the name of the Defendant A on December 31, 2010 from the victim, by deceiving the victim as above, and acquired it by fraud, and then received KRW 746,200,00 from the victim to October 19, 2017, such as the entry in the list of crimes in the attached Table of crimes from around that time to around October 2017.

Summary of Evidence

1. Defendants’ respective legal statements

1. D, G, H.