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(영문) 대구지방법원 의성지원 2012.12.13 2012고단225
사기등
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

1. On October 31, 2005, the Defendant: (a) around October 31, 2005, the Defendant did not have any property or income other than KRW 20 million and KRW 20 million per month; (b) on the other hand, the Defendant was liable for bonds, including KRW 30 million and KRW 20 million; and (c) was under bad credit standing due to the failure to repay the loans of the credit card company at the time; (d) even if the Defendant borrowed money from another person to repay the above obligations, the Defendant did not have the intent or ability to pay the said amount; and (e) borrowed the interest interest from another person to repay the interest accrued at the same time; and (e) borrowed the money from another person to repay the interest accrued at that time; and (e) as the continuous loan was difficult to borrow the money in its own name, the Defendant forged a false loan under the name of a third party as if the third party borrowed the money, thereby deceiving the victims to commit fraud.

Around 15:00 on October 31, 2005, the victim C, who falsely speaks that “if she lends money to her husband’s house, etc., he/she shall be paid back immediately.” On the part of the victim C’s house located in Sung-gun, Sung-gun, Gyeong-gun, Gyeong-gun, he/she acquired a cash custody certificate stating husband E as a surety from the victim, with the victim’s cash custody certificate of KRW 10 million from around that time to August 28, 2012, including the victim’s cash custody certificate of KRW 210 million from the victim’s total amount of KRW 21,974,00,000 from the victim, as shown in the attached list I of crimes.

B. From September 29, 2010 to November 14, 2011, the Defendant: (a) falsely concluding that “A 30 million won is lent to the Victim F; (b) a false loan certificate forged under H’s name is presented to the Victim F; and (c) the Defendant received from the Victim F a transfer of KRW 18.4 million from the Victim’s name to the Agricultural Cooperative Account in the name of the Defendant; and (d) from around that time, the Defendant was committed in Appendix II.

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