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(영문) 서울북부지방법원 2016.01.28 2015고단3325
사기
Text

Defendant shall be punished by a fine of KRW 4,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 19, 2008, the Defendant was sentenced to one year and six months of imprisonment to commit a crime of violation of defensive justice in the Sungnam branch of Suwon branch of Suwon branch of Seoul, and the above judgment was finalized on December 22, 2008. On September 16, 2010, the Seoul Eastern District Court sentenced two years of suspension of execution to six months of embezzlement, and the above judgment became final and conclusive on November 24, 2010. On June 17, 2015, the Seoul Northern branch of the Seoul Northern branch of the District Court sentenced two years of suspension of execution to ten months of imprisonment for a crime of fraud and became final and conclusive on June 25, 2015.

1. On March 20, 2008, the Defendant borrowed money from the “D” office located in the Seoul Special Metropolitan City Gwangjin-gu Seoul Special Metropolitan City Gwangjin-gu to the victim E (hereinafter “D”) to prevent the household check. The Defendant transferred 35 million won of the right to claim the return of the deposit money for lease on a deposit basis against G 503 Do 110, G apartment as security and will offer it notarized.

“False speech was made to the effect that it was “.”

However, at the time, the Defendant had a debt equivalent to approximately KRW 150 million, and there was no particular property or income. In fact, the lease contract presented by the Defendant, which was notarized and executed by the Defendant as above, was forged by the Defendant, and the Defendant entered into a lease contract with the said F and 10 million won as a monthly rent of KRW 250,000,000, and the Defendant did not enter into a lease contract with the said F and 35,000,000 won. Thus, even if the Defendant borrowed money from the damaged person, there was no intention or ability to repay it.

The defendant acquired 9 million won from the injured party, namely, from the seat to the lender, by acquiring 9 million won as a loan.

2. On May 20, 2008, the Defendant extended money to the victim from the French land to the mobile phone from May 20, 2008. The Defendant only lent money to the victim for the establishment of a legal entity, and the said money would be repaid up to the previous lending money.

“False speech was made to the effect that it was “.”

However, at the time, the Defendant was liable, and there was no particular property or income, and the Defendant was in fact H, I, etc.

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