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(영문) 대구지방법원 경주지원 2020.05.28 2019고단669
사기
Text

Defendants shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal power] On November 20, 2014, Defendant A was sentenced to two years and six months of imprisonment for fraud, etc. in the Daegu District Court Port Branch Branch, and the execution of the sentence was terminated at the port prison on October 27, 2016. Defendant B was sentenced to six months of imprisonment for fraud, etc. at the Cheongju District Court on November 22, 2013, and was released on November 30, 2015 in the Ganbuk vocational training prison on the execution of the sentence, and the parole period was expired on February 11, 2016. On May 9, 2019, the above judgment became final and conclusive on November 1, 2019 after having been sentenced to one year and six months of imprisonment for fraud, etc. at the Ulsan District Court on November 1, 2019.

【Criminal Facts】

Although Defendant A did not purchase real estate equivalent to KRW 1.9 billion, the Defendants conspired to acquire money in the name of the appraisal cost to receive a secured loan with the said real estate by deceiving the victim C.

Accordingly, on September 21, 2017, Defendant A filed an application for appraisal and assessment with the victim on September 21, 2017. Defendant A made a false statement to the victim that “I will purchase the telecom with F at the port time in order to purchase the telecom amounting to KRW 1.9 billion. I would like to receive interest after receiving the loan by finding an appraisal report if I would lend 30 million won at the port,” and Defendant A would have to pay KRW 50 million within a week if I would have borrowed money due to the lack of money for the victim. Defendant B would not lend money to the victim on the same day as of the day when I would have leased 30 million won.” Defendant B would have to pay for the appraisal and assessment of KRW 40 million if I would have already borrowed money from a credit business entity to lend money due to the lack of money.”

However, in fact, the Defendants at the time enter into a sales contract with the above subcontractor.

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