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(영문) 서울중앙지방법원 2013.04.26 2013고단896
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On June 18, 2009, the Defendant was sentenced to ten months of imprisonment for fraud at the Seoul Central District Court, and on March 30, 2010, the parole period was expired on April 16, 2010.

1. Fraud;

A. On June 3, 2011, the Defendant made a false statement to the effect that, at the victim D’s house of Seocho-gu Seoul Metropolitan Government C Building 101 Dong 1212, the Defendant would repay 20 million won after the lapse of two months if he/she lent 20 million won to the said victim for criminal agreement, office maintenance expenses, living expenses, etc.

However, in fact, the defendant did not have any particular income as a real estate brokerage assistant, and even if he borrowed money from the above victim for the personal debt of KRW 100 million, he did not have any intent or ability to repay it as agreed.

The defendant received 20 million won as a loan from the above victim, i.e., the above victim, and acquired it by fraud.

B. On October 21, 201, the Defendant made a false statement to the effect that “The above victim would repay 60% of the profits to the existing loan amount of KRW 20 million by resale up to November 15, 201, while lending KRW 50 million to be used as down payment.”

However, in fact, the Defendant paid only KRW 30 million out of KRW 50 million, which was demanded to borrow, as a down payment, and the remainder was thought to be used for other purposes. Moreover, since real estate to be purchased is not located in the vicinity of the proposed area for the relocation of the Gyeongbuk-do Office and is not likely to increase or resell due to the fact that there is no access road, the Defendant did not have any intent or ability to repay the money as agreed, even if he borrowed money from the said victim.

The defendant received 50 million won from the above victim as the borrowed money, and acquired it by fraud.

2. On November 201, 201, the Defendant forged a private document: (a) on a real estate basis, the full amount of KRW 50 million borrowed from the said victim in the Seocho-gu Seoul E building 119; and (b) on a real estate basis.

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