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(영문) 춘천지방법원 2012.11.08 2011고단1148
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 7, 2011, the Defendant was sentenced to imprisonment with prison labor and two months for fraud at the Chuncheon District Court on December 7, 201, and the judgment became final and conclusive on January 31, 2012.

1. On September 22, 2009, the fraud Defendant made a false statement to the victim E through D to the effect that “The Defendant would use the golf course site for 10 million to pay KRW 300 million, including the principal and interest, for 10 million to 150 million if he/she lends KRW 100 million.”

However, even if the Defendant borrowed money from the above victim, it was thought that the Defendant would be able to repay his personal debt or to run the Defendant Company F. At that time, F was unable to carry out the golf course development project with proper progress, and it was extremely difficult to carry out the financial status. The Defendant did not have any intent or ability to repay the money in accordance with the promise even if he borrowed money from the victim because it was not able to repay the money to others.

The Defendant, as such, by deceiving the victim, received KRW 100,00 from the victim, i.e., G to receive KRW 100,00 from the victim.

2. On September 27, 2010, the Defendant violated the Civil Execution Act: (i) on September 27, 2010, as regards the case of an application for specification of property relation (2010Kao653), which H applied by a notary public at the original copy of an executory notarial deed (2009 and 758), to be based on Hincheon District Court’s original copy; (ii) around 16:02,408, 1,249,535, and (iii) on an enterprise bank’s ordinary deposit claim to the KGTV (42) at the KJ at the address of the Defendant; (iii) on September 27, 2010, in preparing and submitting a list of property, the Defendant did not enter the said fact in the list, such as 1,202,408, 1,249,535, and (iii) on domestic goods such as Samsung Refriger, Samsung 1, Samsung 1, and 1 fish C.

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