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(영문) 의정부지방법원 2014.11.12 2014고단583
사기
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

around July 2012, the Defendant had a debt of KRW 310 million to C, and around May 201, the Defendant had a debt of KRW 600 million, including the debt to C, around July 2012, including the debt to C, in order to acquire co-ownership from E, who is a co-ownership of a total of 11 lots of land (hereinafter “instant land”).

Meanwhile, the Defendant jointly owned the “instant land” with C and C’s children, and C borrowed money from the Defendant to acquire and develop the share of the “instant land” from the Defendant, so the Defendant was not in the position of arbitrarily disposing of the instant land, and even if it borrowed money from another person without any particular property or occupation, the Defendant did not have the ability to repay the money.

On July 2012, the Defendant did not have the position to dispose of the “instant land” at the H restaurant located in Namyang-si G, which is operated by the Victim F, but did not show the copy of the real estate register on the “instant land” to the victim F, but did not show the victim F a civil final judgment that he won by filing against E, etc., and shown only the civil final judgment that he won, and if he borrowed KRW 30 million, he would have the interest on the third part of the month. It was hicking that the Defendant had the land that would be KRW 00,000,000,000,000 won in the early retirement of South and North Korea. The Defendant made a false statement to the effect that the land would be repaid without the mold.”

As above, the Defendant received cash of KRW 30 million from the victim on the 24th of the same month.

Since then, the Defendant again purchased the surrounding land at the above H restaurant on September 2012, 201, the Defendant concluded that “I would like to purchase the land boundary of the blurgator and make the land around the blurg to be sold to the Defendant at a lower level. If I lent KRW 200,000,000 to the Defendant, I would pay interest on the 3rd of the month and repay the land without the mold.”

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