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(영문) 대구지방법원 의성지원 2013.08.22 2013고단109
사기등
Text

The defendant shall be punished by imprisonment with prison labor for 6 months, and a fine of 2 million won for the second crime in the judgment.

Reasons

Punishment of the crime

[criminal power] On May 19, 201, the Defendant was sentenced to a suspended sentence of 2 months for fraud in the gender support of the Daegu District Court for the purpose of 8 months, and the judgment became final and conclusive on May 27, 201, and on January 17, 2013, the Defendant was sentenced to a suspended sentence of 2 years for six months for imprisonment with prison labor in the same court on January 25, 201, and the judgment became final and conclusive on January 25, 2013.

【Criminal Facts】

1. On August 20, 2009, the Defendant against the victim C made a false statement that “Around August 20, 2009, the Defendant would have to obtain a loan of KRW 30 million from the Defendant to secure the real estate inherited from her money as collateral, and the mother’s agricultural debt is KRW 4 million and shall be repaid.” Accordingly, the Defendant would have to receive a loan of KRW 4 million from her own loan.”

However, the defendant did not have real estate inherited from his mother, and even if he borrowed the above money from the victim due to a large amount of loan debts of financial institutions, there was no intention and ability to repay it.

The Defendant, as such, by deceiving the victim, received KRW 4 million on the same day from the victim, and from that time until November 27 of the same year, received the total amount of KRW 39,211,00,000 from the time, or acquired property or pecuniary benefits, from that time, from November 27 of the same year.

2. Crimes against victims D;

A. On September 30, 2011, the Defendant concluded that “Around September 30, 201, the Defendant leased a dry field of approximately KRW 1,900 square meters in Gyeong-gun E located in Gyeong-gun, Sungbuk-gun, the Defendant would pay rent of KRW 1,80,000 to the Defendant for one year, a week.”

However, the defendant had no intention or ability to pay rent properly even if he rents a dry field from the victim because the debt has already been KRW 200 million, such as the provisional seizure of his own house and site.

The defendant deceivings the victim as such, and leases a dry field from the victim for one year.

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