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(영문) 대전지방법원 2015.09.01 2014고단389
사기등
Text

A person shall be punished by imprisonment with prison labor for not less than three months and by imprisonment for not more than ten months for a crime set forth in Article 2 of the Judgment.

Reasons

Punishment of the crime

On January 13, 2010, the Defendant was sentenced to four months of imprisonment with prison labor at the Cheongju District Court for embezzlement, and on February 7, 2010, the Defendant was released after the execution of the said punishment was completed and the detention was revoked and then the said judgment became final and conclusive on May 31, 2010.

1. Around March 21, 2008, the Defendant made a false statement to the “Law Firm D” office located in Yeongdong-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, stating that “In fact, the Defendant has the right to dispose of the land under the name of her mother to the “F of Chungcheongnam-do, Chungcheongnam-do,” and that “In fact, she would have the right to dispose of the land.” It is possible to grant an additional loan only to the previous interest on the loan to obtain an additional loan as security. If the Defendant borrowed KRW 20 million, he/she would have paid the loan interest to the said money, thereby impairing the repayment of the additional loan interest on the loan, or would have paid the loan interest on the said money, or would have paid the said KRW 25 million in addition to the interest on the said KRW 5 million within one month after selling and selling the land.”

However, even if the Defendant borrowed money from the victim, the Defendant was trying to use the said land for gambling, such as casino, etc., and the Defendant was required to pay KRW 4,380,000,000 monthly interest per month due to bank loans equivalent to KRW 750,000,000,000 for the said land with the right to dispose of the said land. However, the Defendant was in the situation where there was no certain income at the time and the obligation due to gambling and business failure was overdue, and thus, it was difficult to obtain additional loans as security, and even if he was intended to use the said land for gambling, there was no intention or ability to repay the said land even if he borrowed money from the victim.

The defendant was obtained from the victim, that is, cash 20 million won from the victim, and acquired by fraud.

2.(a)

On June 2, 2011, the Defendant: (a) within the victim E’s house parking lot in Chungcheongnam-gu, Chungcheongnam-gu; and (b) “If the Defendant lends a credit card to the victim E after society, he/she will pay off immediately after using the credit card to hospital expenses.”

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