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(영문) 수원지방법원 안양지원 2016.08.09 2016고단586
사기
Text

The defendant is sentenced to 1. The crime of subsection (1) and the crime No. 1 to No. 6 of the crime list of the second 2. The defendant is sentenced to 8 months.

Reasons

Punishment of the crime

[criminal records] On August 7, 2014, the Defendant was sentenced to ten months of imprisonment for fraud at the Seoul Central District Court, and the judgment became final and conclusive on December 9 of the same year, and completed the execution of the said sentence in the original prison on May 1, 2015.

【Criminal Records】

1. On July 9, 2014, the Defendant loaned KRW 20,000,000 to the court for one month and return the deposit money to the Defendant C at the meeting room of the Seoul detention center located in the Dong-dong, Dong-si, Maang-si, and the victim C who visited the Defendant.

“The purport was to the effect that “.....”

However, the Defendant did not have any sufficient means due to the circumstances under which the Defendant was detained and pending trial due to the suspicion of fraud at the time. Moreover, the above KRW 20,000,000 was thought to be disbursed as the Defendant’s family’s living expenses, the Defendant’s attorney’s appointment expenses, etc. However, even if borrowing money from the victimized party, the Defendant did not have any intent or ability to repay the money within one month.

The Defendant received two copies of the check (20,000,000 won) issued by the Saemaul Treasury Federation in front of the Defendant’s own 10,000,000 won as a loan to deposit from the injured party.

Accordingly, the defendant was given property by deceiving the victim.

2. On September 19, 2014, the Defendant: (a) at the meeting room of the above Seoul detention center; (b) the victim, who visited the Defendant, received KRW 60,000,000 from D for the payment of the construction cost; and (c) the Defendant received money from the Defendant.

In order to find part of the above 60,000,000 won prior to the trial of the appellate court in the current case of fraud, there are two million won of the cost of appointing the lawyer.

Among them, 1.5 million won is insufficient, and the above 60,000,000 won is collected and repaid.

“The purport was to the effect that “.....”

However, at the time of fact, the defendant did not have the claim 60,000,000 won against D, and even if he borrowed money from the injured party, he did not have the intention or ability to repay it.

The defendant shall be a postal money order from the injured party on the same day.

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