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(영문) 의정부지방법원 2017.06.14 2016고단4883
사기
Text

Defendants shall be punished by imprisonment for four months.

However, from the date of the conclusion of the judgment, each of the defendants is against the defendants for one year from the date of the judgment.

Reasons

Punishment of the crime

Defendant

A was sentenced to one year of imprisonment for a crime of fraud at the Cheongju District Court on September 3, 2009, and the judgment became final and conclusive on December 25, 2009. On November 27, 2015, after having been sentenced to three years of suspension of execution on December 5, 2015, the judgment became final and conclusive on December 2, 2017, by the Cheongju District Court sentenced one year of suspension of execution to two years of imprisonment for a crime of fraud.

The Defendants prepared a false real estate lease agreement and offered it as security and intended to borrow money from victims E.

Accordingly, Defendant A voluntarily stated the F’s personal information in the form of the lease agreement, affixed the F’s seal, and Defendant B written a false lease agreement of KRW 100 million with his personal information stated in the lessee column of the said lease agreement, and the Defendants presented as if the agreement was duly concluded on January 12, 2009 with a false deposit of KRW 100,000,000,000,000,000,000,000,000,000,000,0000 won.

Notarial notes will also be notarial.

“Falsely speaking, the victim prepared and delivered a promissory note process certificate and a loan certificate.”

However, the real estate lease agreement provided by the Defendants as security was made by falsity, and even if the Defendants borrowed money to the victims, they did not have the intent or ability to repay it.

Nevertheless, the Defendants deceiving the victim as above and transferred KRW 28.4 million to the national bank account in the name of Defendant B on the same day from the victim.

As a result, the Defendants conspired to acquire money from the victim.

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