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(영문) 수원지방법원 2016.06.08 2014고단1441
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 one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Power of crime] On July 15, 2004, the Defendant was sentenced to two years of suspended execution on October 23, 2004 on the grounds of a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Suwon Flag Flag, and the judgment was finalized on July 23, 2004.

[2] The Defendant was the owner of the Kugung-gu apartment B 503 Dong-dong 804, the Defendant was the owner of the said apartment. On November 23, 2002, the Defendant received a voluntary decision to commence an auction with respect to the said apartment at the Suwon District Court, and the Defendant C was awarded the said apartment at will.

Accordingly, the defendant was divorced from the denial due to the auction of apartment.

Before June 20, 2003, the victim prepared a written consent of withdrawal of auction to the defendant.

After receiving the letter of consent to withdraw an auction from the injured party as above, the defendant found the victim again on June 2003, and "the father is the professor of the Seoul National University, is a famous person awarded a decoration by the President, and the parent as a self-fix does not have any thickness.

If a bank loan is made with money to repay its obligations related to the apartment of this case, it is called that the apartment is sold and the apartment is immediately repaid, and only one month is convenient.”

However, on April 2, 2002, the above apartment was established by the collateral security (right to collateral security), the debtor, the Han Bank Co., Ltd., and the maximum amount of 130 million won, and on June 26, 2003, the provisional attachment was established by the creditor Han Bank Co., Ltd., the provisional attachment was made by the creditor Han Bank, and the defendant did not have any intent or ability to pay the amount of 11.8 million won, even if he borrowed money from the damaged person due to considerable amount of debt, such as purchase of merchandise coupons equivalent to the total amount of 1.8 million won, using the Korean Information Culture Promotion Agency's card, without any intent or ability to pay from May 13, 2003 to July 5, 2003.

The defendant, on July 25, 2003, had the victim repay the debt amount of 33,44,108 won to his Japanese bank on July 25, 2003.

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