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(영문) 수원지방법원 평택지원 2018.01.10 2017고단78
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Records] The defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul High Court on January 7, 2011 and for a period of three years and six months.

3. 24. The judgment became final and conclusive.

[Criminal facts] The Defendant, around December 2, 2009, should pay taxes to the victim B as it entered into a contract with the land inside the Eunpyeong-gu Seoul Metropolitan Government.

If a person lends money, he/she will receive a security loan by directly transferring the ownership of the real estate and pay it within three days with no money.

“.....”

However, at the time, the Defendant did not have entered into a contract to purchase the land as above, and there was no particular property or income, and there was a need to pay KRW 20 million monthly interest on about KRW 3 billion among the personal debts, and even if the Defendant borrowed money from the injured party due to a default of national taxes of approximately KRW 66 million, there was no intention or ability to pay the money properly on the agreed date.

The defendant deceivings the victim as above and received delivery of KRW 40 million on the same day from the victim.

The defendant is in need of more than five million won to pay taxes to the above victim at around December 7, 2009.

When a person lends money, he/she shall be paid with the money borrowed from his/her own transfer with the money borrowed from his/her own transfer without any mold.

“.....”

However, at the time, the Defendant did not have entered into a contract to purchase the land as above, and was thought to have borrowed money from the damaged person for personal purposes, such as the payment of living expenses and interest, and even if the Defendant borrowed money from the damaged person due to the circumstance of exceeding the obligation, as stated in paragraph (1), there was no intention or ability to complete payment on the agreed date.

The defendant deceivings the victim as above and was delivered KRW 5 million on the same day by the victim.

Accordingly, the defendant deceivings the victim to total of KRW 45 million.

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