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(영문) 서울북부지방법원 2015.12.15 2014고단4162
사기
Text

A person shall be punished by imprisonment with prison labor for not less than four months and by imprisonment for not more than two months for a crime set forth in the judgment of the defendant.

Reasons

Punishment of the crime

[criminal power] On September 29, 2010, the Defendant was sentenced to one year of imprisonment by the Incheon District Court for a crime of false entry in the authentic copy of the authentic deed, etc., and the judgment became final and conclusive on August 2, 2011, and the execution of the sentence was completed on December 30, 201.

【Criminal Facts】

1. On July 6, 2010, the Defendant made a false statement to the victim D, stating that “The Defendant would pay the interest on the third part of the month of the lending of the money to the victim D by September 5, 2010. In addition, the Defendant would transfer the ownership under 710 if he/she did not make a payment within the due date with the offering of No. 710 of the Incheon Nam-gu Office Officetel as security and would transfer the ownership under 710 if he/she did not make a payment within the due date.”

However, the Defendant had no intent or ability to repay the money to the victim within the agreed-term, and even if the Defendant was unable to repay the money to the victim within the agreed-term, there was no intent to transfer the ownership of the victim under the above 710,000 won, which is higher than the amount borrowed from the victim.

The Defendant, as such, deceiving the victim and deceiving him from the victim, to the bank account in the name of the Defendant on the same day, 50,000,000 won, and the same month.

7. The person acquired 60,000,000 won by means of remitting the total amount of KRW 10,000.

2. On February 5, 2013, the Defendant filed a criminal complaint against the victim because he/she borrowed money as stated in paragraph (1) at a certified judicial scrivener office located in Nam-dong, Incheon, and did not repay money as stated in paragraph (1). The Defendant stated that “Etel No. 710 may transfer the ownership of 710 because the value is too high than that of previous borrowed money, and may not transfer the ownership of 710 and may transfer the ownership of 512 in a smaller size than that of 512. However, the Defendant made a false statement to the effect that “No. 512 shall transfer the ownership of 50 million won, and limited real rights, such as mortgages, etc. established under subparagraph 512, will be adjusted within six months if it would be paid more than 10 million won.”

7.As to the above 512, the victim.

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