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(영문) 수원지방법원 성남지원 2018.06.21 2018고정305
사기등
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Fraud;

A. On September 11, 2015, the Defendant called the victim C at a non-permanent area and called the victim C, “The husband has been under the influence of drinking and caused a fine to have a total of KRW 10 million.

On December 20, 2015, a false statement was made to the effect that “I would like to immediately repay 45 million won of fraternity 20,000,000 won, and I would like to lend money.”

However, even if the Defendant borrowed money from the injured party, the Defendant was planning to use it for living expenses and debt repayment, etc., and the husband did not have any guidance to receive it, and there was no fact that the husband was under the influence of drinking, and there was no intention or ability to pay the borrowed money normally due to no particular income at the time.

As such, the Defendant, by deceiving the victim, received 4.5 million won from the victim, to the account in the name of the Defendant in the name of one bank under the name of the Defendant, as the borrowed money.

B. On October 26, 2015, the Defendant, at the “E” restaurant operated by the Defendant in Jung-gu Seoul Metropolitan Government, issued a notice to the Victim F to pay a fine by her husband’s driving under the influence of alcohol. However, if the Defendant did not pay a fine, she must go to the prison.

The term "to pay 9 million won at an early date" was false as "on the basis of lending 9 million won."

However, even if the defendant borrowed money from the injured party, the defendant was planned to use it for living expenses and debt repayment, etc., and the husband did not control the blood driving, and there was no specific income at the time, and there was no intention or ability to repay the borrowed money normally.

Around October 29, 2015, the Defendant: (a) by deceiving the victim; and (b) transferred KRW 4 million to the Agricultural Cooperative Account under the name of the Defendant for the purpose of borrowing money from the victim; and (c) KRW 8.75 million, including KRW 4.75 million, to the Agricultural Cooperative Account in the name of the Defendant.

2. Forging a private document;

A. On September 2016, the Defendant: (a) on the paper of a real estate lease agreement, an official screen pen is written in a restaurant with the above “E” police officer.

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