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(영문) 대구지방법원 김천지원 2014.06.11 2013고단1595
사기
Text

A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On March 24, 2010, the Defendant was sentenced to two years of imprisonment with prison labor for the crime of forging private documents in the Daegu District Court Kimcheon Branch, etc. on March 24, 2010, and the said judgment became final and conclusive on April 1, 2010. On December 2, 2010, the said judgment became final and conclusive on May 27, 201, by being sentenced to six months of imprisonment with prison labor for a crime of fraud.

1. Fraud against the victim C;

A. On March 2007, the Defendant made a false statement to the victim’s house located in the Seoul Special Metropolitan City D apartment 404 Do 503 Do 503 on March 2, 2007, stating that “The Defendant would have repaid the amount within the number of days as the innovative city’s compensation will have been expected to be paid if he/she lent the money to the victim to purchase the land located in Gincheon-si, Kimcheon-si.”

However, at the time, the Defendant was liable for approximately KRW 120 million bonds and credit card debts, but did not have any other property or income, and did not receive compensation for an innovation city from his/her friendship, and attempted to “refluence” in the name of “refluent payment of other debts with borrowed money from the victim,” so even if he/she borrowed money, the Defendant did not have any intent or ability to repay the amount to the victim.

On March 21, 2007, the Defendant received KRW 3,100,00,00 from the victims of the damage, for the loan, from the old agricultural cooperative located in the Gwanak-si, Seoul Special Metropolitan City.

B. On March 2007, the Defendant made a false statement that “If the Defendant borrowed KRW 10 million as it is necessary to pay the Plaintiff’s taxes and school expenses to those children in Seoul, the Defendant would have to repay the Plaintiff within the number of days as the innovation city’s compensation would have occurred.”

However, at the time, the defendant did not have any intention or ability to repay money to the victim for the same reason as the above paragraph (a)

On March 28, 2007, the Defendant received 7 million won as a loan from the victim at G cafeteria located in the Gu and SiF on March 28, 2007.

C. On May 2007, the Defendant was the victim at the victim’s home as above.

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