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(영문) 수원지방법원 안양지원 2018.06.19 2018고단283
사기
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On July 2013, the Defendant, in the middle of the year 2013, committed fraud, in the middle of the year 2013, to the victim D, “only a contract has been made and the real estate that can be sold has been leased to the victim D. The Defendant would be able to repay money within three months if he/she borrowed KRW 10 million.

“A false representation was made.”

However, in fact, the defendant thought that he has repaid his existing debt with borrowed money, and even if he borrowed money, he did not have the intention or ability to repay it.

The Defendant, from the damage, to the Agricultural Cooperative Account in the name of the Defendant, KRW 5 million on the 18th of the same month, KRW 1 million on the 22th of the same month, and the same year.

8. 8.4 million won received over three occasions, including KRW 10 million.

2. On March 30, 2014, at the place indicated in paragraph 1, around March 30, 2014, the Defendant: (a) “The front contract was not yet purchased or sold; (b) the contract was entered into if only another real estate contract was waiting for payment; and (c) if there is another real estate contract, the amount of KRW 10 million was loaned, the Defendant would be fully repaid, such as the amount borrowed at the time of the front contract.

“A false representation was made.”

However, in fact, the defendant thought that he has repaid his existing debt with borrowed money, and even if he borrowed money, he did not have the intention or ability to repay it.

The Defendant stated in the indictment as “the same day” ( March 30, 2014) from the injured party on the 31st day of the same month, but the actual remittance date is March 31, 2014.

This part is deemed to have no risk of causing substantial disadvantage to the defendant's exercise of his right to defend, so it is corrected and recognized as above.

Defendant

It received KRW 10 million in the name of the Saemaul Treasury account.

3. On August 29, 2014, the Defendant, at the place described in paragraph 1 of August 29, 2014, borrowed money from the victim during the period of “5 million won if it was leased to the victim,” and thereafter, repaid.

“A false representation was made.”

However, in fact, the defendant thought that he has repaid his existing debt with borrowed money, and even if he borrowed money, he did not have the intention or ability to repay it.

The defendant shall belong to the injured party.

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