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(영문) 의정부지방법원 2015.09.18 2015고단1054

사기

Text

The defendant's judgment [2015 Godan1054] is sentenced to imprisonment for one year, and the judgment [2015 Godan1291] is sentenced to imprisonment for six months.

Reasons

Punishment of the crime

[criminal power] On January 20, 201, the Defendant was sentenced to three years of imprisonment for fraud at the Cheongju District Court on January 28, 201, and the sentence became final and conclusive on January 28, 201, and on March 30, 2012, the Defendant was released on March 30, 2012 during the execution of the sentence, and the parole period expired on July 3, 2012.

[2015 Godan1054] On June 5, 2012, the Defendant borrowed KRW 60 million from E from E, and set up a collateral security right of KRW 2860,000,000,000,000 for the land for Chungcheongnambuk G Railroad owned by the Defendant as collateral, but failed to repay the debt to E thereafter. When the Defendant continued to be urged from F to cancel the registration of creation of the said neighboring mortgage, the Defendant, by deceiving the victim He who was under the educational system at the time, was deprived of the demand from F by having the victim purchase the said land, and in the process, attempted to obtain money from the victim.

On June 11, 2013, the Defendant made a false statement to the victim stating, “When the land is purchased, the land will be made available by constructing a bridge immediately inside the land, and the profits will be paid in the way of constructing and selling a restaurant and a fence, and the registration of creation of a neighboring mortgage to E will also be cancelled immediately by repaying the debt.”

However, even if the Defendant received money from the victim as the pretext of the construction of a bridge, he was the purpose of using it for another purpose. As such, the Defendant did not have any income, the Defendant had no intention or ability to cancel the registration of the establishment of a bridge by constructing a bridge on the said site, selling it in a restaurant and a bridge, and paying 400 million won to the victim.

In such a way, the Defendant, by deceiving the victim, received KRW 300,000 from the victim for the purchase price of land and the construction cost of legs on the same day.

[2015 Highest 1291] Defendant around February 27, 2009