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(영문) 춘천지방법원 강릉지원 2016.08.31 2016고단277
사기등
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

[Attempted Crime] On April 27, 2007, the Defendant was sentenced to imprisonment with prison labor for robbery and three years and six months at the Seoul Central District Court on September 30, 2009 and was released on September 1, 201 and the parole period expired on May 1, 2010.

[Criminal facts]

1. Crimes committed by fraud;

A. On June 28, 2012, the Defendant made a false statement on June 28, 2012, the part of the Defendant’s house located in Sam-si, Sam-si, 09:35 on June 28, 2012, to the victim D, stating that “When a person in the Plaintiff lives an E apartment at the time of Sam-gu, he/she was in excess of the apartment, he/she would be able to fully pay 30 million won, and the creation of a collateral mortgage is defective in our name in that apartment.”

However, the defendant did not have the intent or ability to establish a collateral security in the name of the victim as above.

The defendant received 30 million won from the damaged party to the Saemaul Treasury account (G) in the name of F, from the damaged party, and acquired it by fraud.

B. On June 29, 2012, the Defendant: (a) made a false statement at the places indicated in the foregoing paragraph A around June 29, 2012, stating that “Around June 29, 2012, the Defendant would lend KRW 40 million to the victim and make a full payment.”

However, the defendant did not have any intention or ability to complete payment even if he borrowed money from the damaged party due to the absence of certain income or specific property.

The defendant received a cash of KRW 40 million from the injured party and acquired it by fraud.

(c)

On July 20, 2012, the Defendant borrowed a loan on July 20, 2012, stating that “The Defendant shall pay off a loan of KRW 5.8 million to the victim,” on July 20, 2012, the Defendant made a false statement that “The Defendant shall pay off a loan of KRW 5.8 million to the victim.”

However, the defendant did not have any intention or ability to complete payment even if he borrowed money from the damaged party due to the absence of certain income or specific property.

The defendant received 5,80,000 won in cash from the injured party and acquired it by fraud.

(d)

On November 22, 2012, the Defendant borrowed a loan with the amount of KRW 65 million to the victim on November 22, 2012.

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