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(영문) 서울서부지방법원 2019.05.22 2018고단2392
사기
Text

Defendant shall be punished by imprisonment with prison labor for 8 months for the crime of 2018 Go-Ma2392, and imprisonment with prison labor for 2019 Go-Ma1347.

Reasons

Punishment of the crime

On December 28, 2010, the Defendant was sentenced to 10 months of imprisonment with prison labor and 2 years of suspended execution at the Seoul Southern District Court on December 28, 2010, and the said judgment became final and conclusive on January 5, 2011.

At the C Brokerage Office located in Gwangjin-gu Seoul Special Metropolitan City on June 6, 2006, the Defendant made a false statement to the effect that “E” restaurant is operated by the victim D, which is insufficient to pay money to the victim D. Since her husband was divorced for a period of four months of pregnancy, the restaurant work is not properly performed. If the Defendant borrowed money at the cost of living expenses, she would receive KRW 200 million from her husband as compensation for consolation money.”

However, since the Defendant was paid a debt amounting to KRW 300 million in the absence of any special property and there was no fixed income, even if he received the money from others, he did not have the intent or ability to repay it until the agreed date, and he did not think of the repayment of other debts with the money received from the victim.

Nevertheless, the Defendant, as above, was delivered KRW 124,00,000 in total over 17 times from around December 15, 2006 to around July 7, 2009, by deceiving the victim as above and receiving KRW 20,000 from the victim as the loan borrowed around December 15, 2006.

In this respect, the defendant acquired the property from the victim.

On January 18, 2018, the Defendant was sentenced to one year of imprisonment for a crime of fraud, etc. by the Seoul Western District Court (Seoul Western District Court) on April 20, 2018, and the said judgment became final and conclusive on April 20, 2018, and completed the execution of the sentence in Seoul Southern District Court on June 7, 2018.

On October 1, 2014, the Defendant made a false statement to the victim F to the effect that “I will lend 1.3 million won of the dynamic rent fund to the victim,” at the Eunpyeong-gu Seoul Metropolitan Government House of Fullle (Seoul), “I will lend 1.3 million won of the dynamic rent fund.”

However, at the time, the defendant did not have any special property and fixed.

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