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(영문) 대전지방법원 홍성지원 2017.11.15 2016고단979
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

"2016 Highest 979"

1. Fraud;

A. At the time of the fraud against the victim C, the Defendant was at least KRW 100 million, and the private debt was at least KRW 50 million, and the amount of KRW 18 million per month and KRW 16.3 million per month for the number of days of debt, and thus, the Defendant was required to pay KRW 18 million per month with the total amount of money, and thus, even if the Defendant borrowed money with the benefit income and the total amount of money, there was no intention or ability to repay the money.

Nevertheless, on March 24, 2015, the Defendant, at the E convalescent hospital located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, received KRW 36,930,00 in total 17 times as shown in the list of crimes in the attached Table, including the Defendant, who received KRW 3 million from the injured party to the post office account in the name of the Defendant around March 25, 2015, and received KRW 36,930,000 in total from the injured party as stated in the list of crimes.

B. The criminal defendant against the victim G did not have any intent or ability to repay the money even if the defendant borrowed the money from the status of preventing the return of the debt with the benefit income and fraternity as described in the above paragraph (a).

Nevertheless, on October 17, 2015, the Defendant borrowed KRW 5,000,00 to the victim G at the three middle-class patient room in the Igree budget-gun, Chungcheongnam-gun, Chungcheongnam-gun on October 17, 2015. In the absence of money, the Defendant borrowed money from the victim G by borrowing KRW 5,00,000. In the absence of such money, the Defendant would be the debtor to connect J as the joint and several guarantor. There is a difference in interest to pay interest, and thus there is a withdrawal of the amount of money for the extension on March 19, 2016, the Defendant received KRW 7,00,000 from J, and received KRW 4,80,000 from the victim to repay the transferred debt to the victim.

2. On April 18, 2016, the Defendant of a private document forgery: (a) a notary public on the second floor of the Chungcheongnam-gun, Hongsung-gun, Hong-gun, Hongsung-gun, who is on the second floor of the K Building in L law firm “the name of the mandatary” of “the proxy” in L law firm, and “a mandatary.”

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