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(영문) 서울북부지방법원 2016.07.21 2016고단1567

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

The defendant is a space between the defendant and the wife of the victim C and the victim D.

1. On May 24, 2011, the criminal defendant against the victim C succeeded to the victim’s house located in Gangseo-gu Seoul Metropolitan Government E with a large penalty of KRW 40 billion. The defendant received a large amount of compensation due to the development, and received a inheritance of KRW 5 billion with a large amount of compensation within the lawsuit.

To exchange in cash from a bank, 7 million won of the exchange fee is required.

On the loan, 3 million won of interest was added to the loan and 10 million won was paid within a week.

However, in fact, the defendant did not have received five billion won through a lawsuit and thought to use money from the injured party as living expenses, etc., so even if he borrowed money from the injured party, he did not have any intention or ability to pay it.

Nevertheless, Defendant 1 made such a false statement, and he received KRW 7 million from the said victim via the Agricultural Cooperative Account (F) in the name of the Defendant on the same day.

In addition, from May 24, 201 to May 10, 2012, the Defendant received total of KRW 145,048,100,00 from the damaged person under the name of cash exchange fees, taxes, notarial expenses, and bank handling ec.g., cash exchange fees of KRW 5 billion with respect to state bonds from May 24, 201 to May 10, 201, and acquired it through the said account under the name of the Defendant.

2. On June 5, 2012, the Defendant’s fraud against the victim D calls to the victim D at a place where the victim’s location is unknown and the victim’s money is urgently needed.

After one week, he borrowed 3 million won as the subject to full payment.

However, the defendant did not have any intention or ability to repay money after a week even if he/she borrowed money from the damaged party due to the situation where he/she acquired money from C and used it as living expenses, etc. as provided in paragraph (1).

Nevertheless, the defendant's above-mentioned false statements are re-written in the list 2 attached to the crime committed by the injured party.