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(영문) 의정부지방법원 고양지원 2015.06.26 2015고정566
사기
Text

A fine of KRW 3,500,000 shall be imposed for the crimes Nos. 1, 2, 1, and 15 in the annexed list of crimes.

Reasons

Punishment of the crime

On December 12, 2013, at the Seoul Western District Court, the Defendant was sentenced to four months of imprisonment for fraud and one year of suspended execution, which became final and conclusive on December 20, 2013.

1. On October 24, 2013, the victim B and the victim C were sentenced to imprisonment with prison labor for a crime of fraud at the Seoul Western District Court (Seoul Western District Court) on April 24, 2013, and were detained legally, and returned to the Southern Detention Center. In order to release the victim, the victim of the said fraudulent case, the period of repayment suspension and the agreement should be

Accordingly, the Defendant, using the fact that the victim B wishes to receive a subcontract for the new construction of the medical center, prepared a letter of performance that the victim B would pay the defendant's debt to the above D as the defendant, and had the victim receive a grace period from the above D and received a written agreement.

The Defendant, around October 2013, at the meeting room of the Southern House in Guro-gu Seoul, Guro-gu, Seoul High-do, concluded that the victim B “at the time of agreement with D, the Defendant would be released.” On behalf of the Defendant, the Defendant would have the victim B build a new medical care center in E at the time of strike upon acceptance of an agreement. It would also have the Defendant paid KRW 30 million.”

However, in fact, the Defendant did not have the intent or ability to subcontract the above construction work to the victim, and there was no economic ability as an individual debt and a person with bad credit standing, so even if the victim repaid the amount of KRW 30 million to D on behalf of the Defendant, the Defendant did not have the intent or ability to complete the payment to the victim.

Accordingly, the Defendant, as seen above, made the victim B and the victim C who believed the horses between the victim B and the victim B, within the coffee shop of F in Seoul, on October 31, 2013, drafted a letter of performance stating that “If the Defendant is unable to repay the amount of KRW 30 million within 50 days after release on bail, B and C shall pay the amount of KRW 30 million after the release on bail,” and eventually repay the amount of KRW 40 million from D.

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