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(영문) 전주지방법원 2017.01.20 2016고단1216
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

【The Defendant was sentenced to three months of imprisonment for fraud at the Jeonju District Court on April 14, 2009, and the execution of the sentence was terminated July 13, 2009. On September 3, 2013, the Jeonju District Court sentenced one year of suspended execution to one year of imprisonment for fraud at the Jeonju District Court on September 7, 2013, and the judgment became final and conclusive on October 7, 2013.

[Criminal Facts]

1. On July 28, 2010, the Defendant made a false statement to the effect that “A victim C, an elementary school in the territory of the Republic of Korea, from among the U.S., the U.S. branch offices in the North Korean bank located in Geumcheon-gu, Seoul Special Metropolitan City, U.S., there is an empty gas station in the direction of South Korea, but the empty gas station has been awarded a successful bid by auction, and the Defendant would be awarded a successful bid for the gas station.”

However, even if the Defendant, without any particular income or property, borrowed money from the injured party in excess of his/her obligation due to the difficulties in operating the rice farm at the time, he/she was planning to repay the existing debt, such as the unpaid premium, the installment of motor vehicle, the overdue wage, etc., and there was no intention or ability to receive a successful bid or to repay the borrowed money.

As such, the Defendant, by deceiving the victim, received KRW 15 million from the victim, namely, from the victim, and received KRW 20 million from the same place on August 18, 2010, and acquired KRW 35 million in total.

2. On January 24, 2011, the Defendant made a false statement to the effect that “The Defendant would purchase the forests and fields in the Yongsan-gu E legal office located in Chungcheongnam-gu, Seoul Special Metropolitan City, with the purchase of the forests and fields in the Chungcheongnam-gu, Chungcheongnam-gu, Seoul Special Metropolitan City, and sell the forests and fields in the mountain, and would be sold and sold with the proceeds derived from the lumbering, and would be repaid without any money of KRW 35 million that he lent to the said victim.”

However, even if the Defendant borrowed money from the damaged person in excess of his/her obligation as stated in the preceding paragraph, he/she was planned to repay the existing debt with his/her money, and purchased forest land and conducted a tree business.

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