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(영문) 의정부지방법원 고양지원 2017.12.15 2016고단3337
사기등
Text

The defendant shall be punished by imprisonment with prison labor for ten months for the crimes of No. 1 and No. 2 in the judgment of the court, and a fine of five million won for the crimes of No. 3 in the judgment.

Reasons

Punishment of the crime

On August 25, 2016, the Defendant was sentenced to imprisonment with prison labor for six months and two years of suspension of execution on September 9, 2016 with prison labor for fraud in the Mayang Branch of the District Court, and the said judgment became final and conclusive on September 9, 2016.

The defendant was confined to the same room, being confined in a separate governmental prison.

C became aware of the fact on February 3, 2016, upon being released after being sentenced to a stay of execution on or around February 3, 2016, the victim D, who is the wife of C, had access to the criminal agreement of the case that C is tried to use money from the above victim for his criminal case agreement.

1. On February 29, 2016, the Defendant, who acquired money by deceptioning KRW 10 million, will return the money to the said victim after one week, along with the profits that he/she purchased or exported the said victim’s 10 million mobile phone.

“Dispatching a text message to the effect that the message

A false statement was made.

However, the defendant did not have the intent or ability to pay the principal and the profits to the victim because he thought that he would use them as his criminal case agreement even if he received the money from the victim as above.

The Defendant received money from the injured party to the new bank account in the name of the accused for the purchase price of 10 million won on the same day from the injured party.

2. The Defendant, on March 23, 2016, by telephone from the above victim at a fluorial land on March 23, 2016, borrowed the money from the above victim and repaid the money to the victim, but the Defendant again borrowed KRW 20 million.

as soon as possible, 2 million won has been lent to the State before the Myeon;

It shall be returned together with KRW 12 million.

“The purpose of “ was to make a false statement.”

However, the defendant did not have any intention or ability to repay the money borrowed from the victim, because he thought that he would use it as his criminal case agreement even if he received the money from the victim as above.

The defendant shall borrow money from the injured party on the same day.

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