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(영문) 창원지방법원 진주지원 2017.07.11 2017고단233
사기등
Text

A person shall be punished by imprisonment with prison labor for not less than six months and by a fine not exceeding six million won for the crimes of Nos. 1 and 2 in the judgment of the defendant.

Reasons

Punishment of the crime

[criminal record] On June 15, 2010, the Defendant was sentenced to a suspended sentence of two years for six months and a fine of three million won for alteration of official documents in the Jinwon District Court on the following grounds: (a) on September 8, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of road traffic law (unlicensed driving) at the Changwon District Court on September 8, 2016; and (b) on September 12, 2016, completed the execution of the sentence in the Jinwon District Court on January 7, 2017.

[Criminal facts]

1. Fraud;

A. On July 13, 2015, the Defendant made a false statement to the victim at the “E-paid parking lot” office for the victim’s “E-paid parking lot” located in Jinju-si, Jinju-si, stating that “The Defendant will pay back the house immediately if the deposit is omitted for the month when the deposit is 65 million won.”

However, at the time, the Defendant was only 1 million won monthly rent deposit, and there was no other assets, and the Defendant was scheduled to purchase only the money borrowed from bank loans, etc. to purchase new assets, so even if he borrowed money from the damaged party, the Defendant did not have the intent and ability to repay the money.

Nevertheless, the Defendant deceivings the victim as such and received 20 million won from the Saemaul Treasury account (Account Number F) in the name of the Defendant under the pretext of borrowing from the victim.

B. On July 28, 2015, the Defendant had yet to know the amount of tax to the victim at the above place.

If the balance is not paid now, it is soflured with the money first added.

Along with the loan of KRW 19 million, a false statement was made to the effect that the loan will be paid immediately with the loan of security.

However, the Defendant is expected to pay the balance of the house to be newly purchased immediately after receiving the collateral loan, and there was no intent to pay the victim money, and the new house to be purchased also did not have the property owned by the Defendant at the time of registration of transfer of ownership in the name of pro-gu G.

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