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(영문) 서울동부지방법원 2016.08.24 2016고단1351
사기등
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

【The Defendant was sentenced to a suspended sentence of ten (10) months in Seoul Southern District Court on January 17, 2014, and the judgment became final and conclusive on January 25, 2014. On March 28, 2014, the Seoul Western District Court sentenced two (2) years of a suspended sentence to six (6) months of imprisonment for fraud, etc. on April 5, 2014, and the judgment became final and conclusive on April 19, 2015. The Seoul Western District Court sentenced ten (10) months of imprisonment and six (2) months of a suspended sentence to the Defendant’s waiver of the appeal on June 19, 2015.

[Criminal Facts]

1. On July 2012, the injured party C related to the Defendant: (a) arbitrarily stated the personal information of E, the owner of 106 dong 801, Songpa-gu, Seoul, where the Defendant is residing, and completed the said apartment, there was a deposit amount of KRW 250 million in the said apartment; (b) forged a lease agreement as if there was a deposit money of KRW 250,000,000 in the said apartment; and (c) presented it to the injured party C as genuine, and received KRW 69

On February 12, 2013, the Defendant made a false statement to the effect that “The Defendant would repay money without any mold because there is KRW 250 million of the deposit of the deposit of the deposit of the lease of D apartment 106 dong 801, 800,000,000, which had been living as if it had been shown before,” to the victim in a Buddhist land.

However, in fact, even though the defendant did not have a deposit to be provided as a security any more with the above apartment bond already borrowed from the financial institution as a collateral, the defendant merely borrowed money without any specific property or income, and even if he borrowed money from the victim, he did not have an intention or ability to provide the deposit as a collateral or to repay the borrowed money.

The Defendant, as such, by deceiving the victim, received from the injured party the remittance of KRW 14.9 million as the borrowed money in its place.

2. On February 17, 2013, the Defendant F related to the Victim F was forged against the Victim F who was unaware of the forgery at the ordinary land.

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