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(영문) 수원지방법원안산지원 2020.08.13 2019고단3291
사기등
Text

A defendant shall be punished by imprisonment for two years.

Of the facts charged in the 2020 Highest 780 cases, the fabrication of private documents and the uttering of falsified investigative documents.

Reasons

Punishment of the crime

On January 8, 2010, the Defendant was sentenced to one year of imprisonment by the Incheon District Court for fraud, etc. and completed the enforcement of the sentence in the Incheon Detention House on September 24, 2010.

around September 2010, the Defendant got out of the Incheon Detention House to make most of the incomes with gambling funds while living for one-time without a certain occupation after being released.

As the revenues of the defendant make it difficult to raise the gambling fund only with the revenues of the defendant, the defendant borrowed money from those who are not aware of the financial condition and gambling habits of the defendant and borrowed money for the bicycle race and gambling, and acquired the total amount of KRW 75 million from three victims as follows.

1. Around November 22, 2010, the criminal defendant against the victim B stated, “A victim B, who is a branch in his/her own house located in Ansan-gu, Seosan-si, Annsan-si, with his/her house, is running an oral business, and the business fund falls short of the business fund, and the defendant borrowed money. When the project is completed, he/she will complete the payment without the mold.”

However, in fact, the Defendant had been living with daily-service labor at the time, but did not run the test business, and most of the revenues were left from gambling, such as the bicycle racing, and thus, there was no intention or ability to repay even if he borrowed money from the victim.

Nevertheless, the Defendant, by deceiving the victim, received KRW 10 million from the victim to the account of the defendant on the same day, and received a total of KRW 36 million in total from not later than February 16, 201 in the same manner as indicated in the attached list of crimes (1), by means of the same manner as indicated in the attached list of crimes (1). On January 19, 201, the Defendant purchased goods equivalent to KRW 17 million with the credit card of the victim and acquired property benefits equivalent to that amount.

2. Fraud against victim D;

A. On January 7, 2011, the Defendant was a notary public of the second floor F of the building E in Ansan-gu, Ansan-si.

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