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(영문) 춘천지방법원 강릉지원 2016.08.05 2016고단284
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On March 10, 2012, the Defendant borrowed the Defendant against the Victim B, at the Victim B’s house located in C at the time of March 10, 2012, would pay the Defendant a monthly contribution on the one-time loan to the victim.

“A false statement was made to the effect that it was “.”

However, in fact, the Defendant was in excess of the debt with bad credit standing at the time, and there was no fixed income due to difficulties in the operation of the restaurant. Therefore, even if the Defendant borrowed money from the injured party, he did not have the intent or ability to pay the money to the injured party each month.

Nevertheless, the Defendant, as above, acquired KRW 20 million by means of deceiving the victim and deceiving the victim to the Agricultural Cooperative Account under the name of the Defendant’s father, after deducting KRW 4,80,000,000 from the limit of 2,40,000 to be borne by the Defendant at the successful bid price of the victim, and KRW 13,00,000,000,000,000,000 to be borne by the Defendant against the victim, and KRW 2,00,000,000,000,00

2. The defrauded B lent KRW 65 million to G around 2004, and on September 6, 2004, the network G concluded a lease contract with the Defendant’s I for a building in the name of H and made a registration of lease on a deposit basis for KRW 20 million in the name of the Victim F for the said building in his own name.

After September 22, 2008, B received a seizure and collection order as to the above amount of KRW 20 million, which the victim F had against the victim F, for the purpose of collecting the claim against the net G, for the purpose of collecting the claim against the victim F.

The Defendant, around April 6, 2012, at the house of the above 1. B, around April 6, 2012, sold and sold the above building to B, and paid KRW 20 million equivalent to the claim for the return of the deposit on a deposit basis.

“A false statement was made to the effect that it was “.”

However, in fact, the defendant was in excess of his obligation as a person with bad credit standing at the time, and is fixed income due to difficulties in the operation of the restaurant.

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