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(영문) 서울동부지방법원 2014.02.18 2013고단1834
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On July 17, 2008, the Defendant was sentenced to three years of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Seoul Central District Court, and the said judgment became final and conclusive on January 30, 2009.

【Criminal Facts】

On October 31, 2006, the Defendant concluded that, in front of the victim E’s house located in Gangdong-gu Seoul Metropolitan Government, the Defendant “B would start the pawnpoe in front of the Haak Casino in Gangwon-do.” The Defendant falsely concluded that, “B will complete the payment of the purchase money within one year if he/she lends the purchase money to the Defendant as security, such as the real estate lease agreement of an apartment that he/she lives with the deposit amount of KRW 220 million, F’s cash guarantee note, F’s cash guarantee note, F’s cash guarantee note, etc. which is the contracting owner.”

However, the Defendant did not have a plan to open the pawnpos, and the real estate lease agreement, cash guarantee note, etc. provided as security to the victim was a false document, which was smaller than the actual amount. Since there was a circumstance under which the Defendant would have repaid the interest on the money borrowed from H with the word “defluence,” the Defendant did not have any intent or ability to complete the payment even if he borrowed the money to the victim.

Nevertheless, the Defendant received a total of KRW 200,000,000,000 from the victim by deceiving the victim and receiving KRW 100,000,000 from the victim’s position, and KRW 100,000,000 from December 11, 206, as the fund for the opening of

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to E, F, and I;

1. Each report on investigation;

1. A certificate of borrowing, a copy of a real estate lease contract, each letter of cash guarantee, a copy of a G resident registration certificate, etc., F certificate of personal seal impression, a real estate lease contract, and a certificate of deposit transaction;

1. Previous records of judgment: Criminal records, investigation reports (former and attachment of judgment), application of a copy of judgment, and Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act and Article 347 (1) of the Criminal Act: Imprisonment;

1. The latter part of Article 37 and Article 39 of the Criminal Code to treat concurrent crimes.

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