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(영문) 인천지방법원 2016.08.19 2016고합76
사기등
Text

Imprisonment with prison labor for the crimes of No. 4 in the judgment of the defendant, and for the crimes of No. 1 through No. 3 and No. 5 through No. 7 in the judgment of the defendant.

Reasons

Punishment of the crime

[criminal history] On April 30, 2009, the Defendant was sentenced to a suspended sentence of one year by imprisonment with prison labor for a violation of the Defense Justice at the Incheon District Court, and on May 8, 2009, the said judgment became final and conclusive on May 8, 2009. On June 13, 2012, the Defendant was sentenced to six months of imprisonment with prison labor for a crime of intrusion upon residence at the Daegu District Court Port Branch, and completed the execution of the sentence at the Daegu Detention House on October 10, 2012.

[2016 Gohap 76] The Defendant refers to a person who operated K in Gyeyang-gu Incheon Gyeyang-gu Jlla by referring to his honor.

On July 2013, the Defendant came to know of the Victim L (V, 40 years of age) who was a guest to the said K, and made the victim frequently saying, “I am suicide if I am her, I am her suicide if I am her. I am her well-known, and if I am her you do not do so, I am her well-known, and if I am her woman do not do so, I am her life is short.” The Defendant told the victim to believe and comply with her horse.

1. Around September 9, 2013, the Defendant: (a) stated that “Around September 9, 2013, the victim of the land fraud against the victim L,” “Around the above K’s operation, the Defendant: (b) had a share in the loan, and there was a share in the land; and (c) returned to thener that should not be cut off with the purchase; (d) however, if the land is sold, the Defendant would have to pay money for various expenses.”

However, the defendant did not own the land or shares in the loan, and did not plan to cut off the land or shares, and even if he received money from the injured party, he thought that he would be used for the personal purpose.

As above, the Defendant: (a) by deceiving the victim; (b) received transfer of KRW 6 million from the victim on September 9, 2013 to the victim on or around May 12, 2014; and (c) obtained and acquired KRW 138,530,000,00 in total from the damaged party, in total, on nine occasions, including the expenses for filing an application for registration; and (d) the cost for filing an application for registration and the name of non-funds by equity holders, etc.

2. Rape;

A. On August 20, 2013, the Defendant runs short time.

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