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(영문) 대전지방법원 공주지원 2017.03.10 2016고단348
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 12, 2015, the defendant was sentenced to three years of imprisonment for fraud, etc. in the public order branch of the Daejeon District Court on April 16, 2015, and the judgment became final and conclusive on April 16, 2015, and is currently in the confinement of public order prison.

1. The defrauded Defendant is required to file a petition for bankruptcy with the victim E at around August 2013, 2013, with the victim E, “if there is a large amount of damage, and there is a need for KRW 30 million with the attorney’s fees.

A loan of KRW 70 million shall not be repaid to the previous one.

It is necessary to settle 8 million won in the amount of 25 million won with full payment.

At the time of official residence in the name of ASEAN, I would like to offer a lease contract for the building located in C with the date on which the thesis becomes final and conclusive.

“A false representation was made.”

However, the defendant did not have obtained the consent of C to borrow money with his/her building as collateral, and there was no way to repay the money borrowed differently due to excessive debts at the time, since he/she was planned to forge a lease contract, there was no intention or ability to offer security to the victim.

On September 9, 2013, the Defendant, by deceiving the victim, received money from the victim, by dividing the amount of KRW 44 million into the F’s account of KRW 5 million, and KRW 39 million, which is the amount of KRW 25 million, and interest KRW 1 million, from the amount of KRW 70 million, around September 9, 2013.

2. Although the Defendant, as described in paragraph 1, did not obtain consent from ASEAN, he/she would offer a building under C as security and would prepare a lease agreement, regardless of the fact that he/she had obtained consent from ASEAN.

On August 26, 2013, the Defendant drafted a real estate lease contract with the content of leasing the general wood structure machinery and buildings to E for a period of two years at the time of official residence, and entered C’s address, resident registration number, and telephone number in the lessor column and affixed C’s seal prepared in advance on the sexual name column, and affixed C’s seal.

After that, the Defendant.

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