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(영문) 의정부지방법원 2016.06.17 2015고단5050
사기
Text

Defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

[2015 Highest 5050] The Defendant made a false statement to the effect that “The deposit appraisal of the land, such as e.g., e., e., e., e., e., e., e., g., e., e., e., e., g., e., e., g., e., e., e., g., e., e., e., e.

However, the defendant did not request appraisal of the above land at that time, and even if he borrowed money from the damaged person, he intended to use the money for both personal purposes, not for appraisal costs.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) transferred KRW 300,000 to one bank account in the name of E on the same day from the victim; and (c) KRW 3,300,000,000,000 to the Agricultural Cooperative Account in the name of F on the 13th day of the same month.

[2016 Highest 86] On March 20, 2009, the Defendant was sentenced to imprisonment for three years and six months at the Jung-gu District Court on March 20, 2009 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and was released on November 30, 201 during the execution of the sentence at the astronomical Open Prison on the parole on March 20, 201.

1. On September 4, 2014, the Defendant made a false statement to the effect that the victim I would have set up a collateral security on the land owned by K, which is the victim’s wife in the G of Young-gu, Yongsan-gu, Seoyang-gu (hereinafter “instant land”) at the H judicial scrivener’s office where the Defendant works in Yongsan-gu, Seoyang-gu, Busan-si, U.S., for the purpose of granting the victim I the said land by borrowing KRW 170 million from the said L (hereinafter “instant land”).

However, in fact, the Defendant set up a right to collateral security on the instant land to the said L and borrowed KRW 220 million from the said L, which is not KRW 170,000,000,000 from the said L, to deliver the said KRW 170,000,000 to the victims, and the remaining KRW 50,000,000 was intended to use to pay the Defendant’s personal debt.

On September 11, 2014, the Defendant borrowed the victim KRW 220 million from the above HH’s office.

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