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(영문) 춘천지방법원 2018.11.22 2018고단435
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On June 23, 2016, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for larceny in the Chuncheon District Court for six months on July 1, 2016, and the judgment became final and conclusive on July 1, 2016, and on August 24, 2016, the Defendant was sentenced to the suspension of the execution of imprisonment with prison labor for larceny in the Chuncheon District Court for eight months on August 24,

9.1. The judgment became final and conclusive.

1. Around April 22, 2014, the Defendant against the victim B made a false statement to the victim B, stating that “A union located in Yang-gu, Gangwon-do, Yang-gun C shall perform construction works to remove a studio, and will sell high-water such as the pipe, etc., but it will pay back only one week because there is no money.”

However, there is no fact that the Defendant intended to construct the removal of a military unit, and even if the Defendant borrowed money from the damaged party with only a loan obligation without any particular property, there was no intention or ability to change it within the time limit.

As such, the Defendant, by deceiving the victim as such, received 7 million won from the victim, who is i.e., he received 7 million won from the victim.

2. Around October 12, 2013, the criminal defendant against the victim E made a false statement to the effect that “the victim is obliged to pay the victim money if he/she was aware of the need to remove the building, and if he/she was aware of the removal of the building by lending money, he/she would have paid the money if he/she would not bring about the removal of the building.”

However, even if the Defendant borrowed money from the injured party, the Defendant did not have the intent or ability to provide the injured party with high-water corresponding thereto at the time, and did not have any intention or ability to change the lending obligation to the injured party by reaching 0 million won.

As such, the Defendant, by deceiving the victim, received KRW 4 million from the damaged party, at the same place on October 12, 2013, under the same name as above, and continued to receive KRW 4 million from the same place on November 27, 2013, and continued to receive KRW 4 million under the same name.

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