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(영문) 인천지방법원 부천지원 2018.11.28 2018고단1346
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

An applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

To the extent that it does not harm the identity of the facts charged, the defendant's right to defense, part of the facts charged was revised and stated in accordance with evidence relations.

[criminal records] On April 7, 2017, the Defendant was sentenced to two years of imprisonment with prison labor for fraud at the Incheon District Court on April 15, 2017, and the judgment became final and conclusive on April 15, 2017. On July 26, 2017, the Daejeon District Court sentenced one year and six months of suspended sentence to be a crime of fraud, and the judgment became final and conclusive on August 3, 2017.

[ 범죄사실] 피고인은 2016. 1. 22. 경 인천 연수구 C에 있는 D 공인 중개사사무소에서 피해자 B에게 “ 전 북 익산시에 있는 건물을 샀는데, E 은행 경매 취하비용과 공사비가 부족하다.

In the case of lending KRW 120,000,000 to the expenses for withdrawal of auction and the expenses for interior works, the tenant shall be awarded the remodeling of the building and the tenant shall receive interest of KRW 80,000,000 from February 15, 2016, and shall be repaid KRW 200,000,000,000.

In addition, I made a false statement to the effect that he/she has a complex business right on the rice basin in Korea-do, and that he/she can receive KRW 2 billion even in his/her arms.

However, at the time of the fact, it was difficult for the Defendant to fully withdraw the auction of the above building and complete remodeling construction and to repay the agreed amount to the victim as well as the complex business rights in Seocheon-gu, Seoul to the extent that it was difficult for the Defendant to make payment of the agreed amount to the victim by means of receiving tenants until February 15, 2016, as the total debt amount of KRW 58 billion, provisional seizure, etc. was set up several cases, and that lease deposit for the above tenants was expected, and that G, the creditor, applied for compulsory auction in the above building. Therefore, the Defendant did not have any specific property due to the fact that G, a creditor, applied for a compulsory auction in the above building.

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