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(영문) 의정부지방법원 2016.02.03 2014고단4137

사기

Text

Defendant

A shall be punished by imprisonment with prison labor for two months, by imprisonment for ten months, and by a fine of ten million won.

Defendant

B above.

Reasons

Punishment of the crime

Defendant

A was sentenced to 8 months of imprisonment for fraud, etc. at the District Court on July 5, 2013 and 2 years of suspension of execution on July 13, 2013, and the judgment became final and conclusive on July 13, 201, and, at the Namyang-si, H 501 and 502, Defendant B was engaged in boiler equipment business.

1. 피고인 A 피고인은 2009. 2. 6. 경 위 ‘I’ 사무실에서, 그 곳 스낵 코너를 운영하던 피해자 J에게 “ 사우나 운영에 돈이 필요하니 1,500만 원을 빌려 주면 한 달 후에 갚겠다” 고 말하였다.

However, at the time, the Defendant was unable to obtain additional loans due to the strengthening of the requirements for the loan of financial institutions, and thus, the Defendant did not have any intent or ability to pay the loan even if it borrowed money from the injured party, because it was difficult to obtain additional loans due to the strengthening of the requirements for the loan of financial institutions.

As such, the Defendant, by deceiving the victim, received money of KRW 15 million from the Defendant’s agricultural bank account (K) on the same day under the pretext of borrowing money from the victim, and acquired it by deceiving the victim.

2. Defendant B

(a) No person, other than an attorney-at-law, shall handle or arrange any representation, legal counseling, preparation of legal documents, and other legal affairs in connection with legal proceedings, non-litigation cases, etc., as well as other legal affairs, in return for receiving or promising to receive money or valuables;

그럼에도 불구하고, 피고인은 2009. 8. 초순 일자 불상경 서울 광진구 구의 동 소재 동 서울버스 터미널 부근 커피숍에서 J로부터 동인이 스낵 코너를 임차하여 운영하고 있던 남양주시 H 건물 501호, 502호 ‘I’ 가 경매되어 보증금 2억 원을 받지 못하게 될 경우의 대책에 대하여 상담 요청을 받고 경매 절차에서 가장 임차인을 내세워 허위 임대차 계약서를 법원에...