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(영문) 의정부지방법원 2017.08.30 2017고단396
사기
Text

1. Defendant A shall be punished by imprisonment with prison labor for one year.

However, the above sentence shall be executed for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

On September 22, 2015, A was sentenced to a suspended sentence of one year of imprisonment for fraud at the District Court for the purpose of fraud, and the judgment became final and conclusive on October 1, 2015.

1. The Defendants conspired to lend money from the victim E to use it as the funds of the gambling place operated by Defendant B.

Accordingly, the Defendants are entitled to pay KRW 45 million after three months by lending money to B and receiving interest in the number of days, etc., from the Do government-si building on June 8, 2015 and the 506th Do government-si building on June 8, 2015.

The phrase “A” is false, and the Defendant A will jointly issue B and promissory notes to guarantee that the principal shall be paid at the face of the loan to B.

“A false representation was made.”

However, in fact, the Defendants did not have any particular property and income at the time, and the money borrowed from the victim was expected to be used for the purpose of gambling in the gambling room operated by Defendant B. Thus, even if they borrowed money from the victim, the Defendants did not have the intent or ability to pay the principal and interest normally after three months.

The Defendants received 30 million won from the damaged party, namely, from Defendant B’s bank account in Defendant B’s name.

As a result, the Defendants conspired to attract the victim to receive the goods.

2. The Defendant’s sole crime of Defendant A, at the date, time, and place specified in paragraph 1, shall be repaid KRW 60 million after three months from the date, time, place, and place. “In addition to KRW 30,000,000 to KRW 40,000,000,000, in addition to KRW 30,000,000, in addition to KRW 30,000,00,00

“A false representation was made.”

However, in fact, the defendant did not have any particular property and certain income at the time, and the money borrowed from the injured party is all the gambling funds at the gambling place operated by B.

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