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(영문) 인천지방법원 2018.10.11 2018고단5052
사기
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

[criminal records] On November 29, 2012, the Defendant was sentenced to a suspended sentence of two years for criminal fraud at the Incheon District Court on April 29, 201 and the judgment became final and conclusive on December 7, 2012.

[Criminal facts]

1. The Defendant would pay 2.5% interest per month on the part of the Victim B in a place where it is not possible to know the location below Incheon in 2009, where the Defendant could not know.

On February 2, 2010, at the law office located in Nam-gu Incheon Metropolitan City, a fair certificate was drawn up to December 2, 2012, stating that the victim will pay 30 million won borrowed money to the victim by December 2, 2012.

However, the Defendant had already been unable to repay money from many persons, and even if he/she did not borrow money from the damaged person due to no particular income or property at the time, he/she had no intention or ability to pay money normally.

Nevertheless, on February 2, 2010, the Defendant enticed the victim as such, and received 30 million won from the victim to the F account in the name of the Defendant E under the name of the Defendant E as the borrowed money.

2. On June 3, 2010, the Defendant introduced the victim to sell the land to another person at a place where it is difficult to know the Incheon or lower place on June 3, 2010, and thus, the Defendant borrowed KRW 50 million from the land sale price to repay the same as KRW 30 million prior to the loan.

Notarial Acts are said to be notarial.

However, the defendant did not have any intention or ability to repay money as agreed even if he borrowed money from the damaged person due to the circumstances such as Paragraph 1.

Nevertheless, the Defendant, by deceiving the victim as such, was transferred to the F account in the name of the Defendant for the same day from the victim to the F account in the name of the Defendant on the same day, the amount of KRW 46 million was restricted.

3. On January 201, 201, the Defendant calls for a victim at a place where no one can know a warning place and wants to purchase a vehicle in the victim’s name.

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