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(영문) 대전지방법원 2015.11.03 2015고단1825
사기
Text

As to the crime No. 1 of the judgment of the defendant, a fine of one million won shall be imposed, and a fine of three million won shall be imposed for each crime of No. 2 of the judgment.

Reasons

Punishment of the crime

On March 23, 2010, the Defendant was sentenced to a suspension of the execution of imprisonment with prison labor for four months at the Busan District Court for fraud on March 31, 2010, and the judgment became final and conclusive on March 31, 2010. On August 28, 2014, the Defendant was sentenced to eight months of imprisonment with prison labor for the same crime in the same court and the judgment became final and conclusive on February 24, 2015.

1. The Defendant committed the crime against the victim C around October 10, 2009, at the Busan So-gu Busan City 5,000,000 won, the victim C was planned to purchase the land located in the Busan So-dong, Busan, Busan, the 50,000,000 won, after withdrawing the money located in the bank, and then using the amount of KRW 350,000,000,000,000,000,000,000 in the above land as the land value. The remaining amount of KRW 150,000,000,000,000 is to be reduced to the victim. On the first floor, the victim would be able to live on the second floor, and before the bank withdraws the money, the victim would have borrowed KRW 700,000,000,000,000,000 from the land.

However, since there was no amount of KRW 50 million in the bank and there was no plan to live the land, the defendant did not have the intent or ability to grant KRW 150 million to the victim to raise money, and even if he borrowed money from the victim, there was no intention or ability to use it as miscellaneous expenses related to the above land.

In the end, the defendant deceivings the above and acquired 700,000 won from the victim's position in the name of miscellaneously.

2.(a)

Around November 4, 2014, the Defendant committed the crime against the victim E with the false statement that “A victim E shall be repaid until November 10, 2014 if he/she lends KRW 200,000 to the victim E,” and on November 6, 2014, the Defendant false statement that “A victim would be repaid at one time if he/she lends more than KRW 500,000 to the victim.” On November 9, 2014, the Defendant made a false statement that “A victim would be repaid if he/she lends more KRW 30,000 to the victim.”

However, the defendant did not have any particular occupation at the time and did not have any property, so even if he borrowed money from the victim, there was no intention or ability to pay it.

This is the defendant.

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