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(영문) 대전지방법원 2015.05.12 2014고단3558
사기
Text

The defendant shall be punished by imprisonment with prison labor for one year and six months, and imprisonment with prison labor for the crimes of No. 2 of the judgment.

Reasons

Punishment of the crime

On July 22, 2011, the Defendant was sentenced to 10 months of imprisonment with prison labor for a violation of the Management of Mountainous Districts Act and two years of suspended sentence on July 30, 201, and the judgment became final and conclusive on July 30, 201. On July 3, 2012, the Defendant was sentenced to two years and six months of imprisonment with prison labor for a crime of fraud, and four years of suspended execution on November 15, 2012, and the judgment became final and conclusive on December 6, 2012, from the same support on December 6, 2012 to the crime of violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) with prison labor for two years and six months of suspended execution, and on December 14, 2012.

1. The Defendant,

A. A. Around January 2010, at the F office operated by the victim E in Gangnam-gun, Gangwon-do, the victim stated that “Around January 2010, the victim provided that “If it is necessary to lend money to the victim, he/she will sell the above entire house and repay it as the sale price, if he/she lends money of KRW 100 million as it is necessary to complete construction costs and to repay the secured debt (90 million) of the right to collateral security established on the above site.”

However, in the above G and H site, the right to collateral security not only was established but also the secured debt amounting to 300 million won was more established, and the Defendant did not have any intent or ability to sell the above house to the victim, even if having borrowed money from the victim, because it was extremely difficult to cancel the above right to collateral security registration and sell the above house normally, the Defendant did not have any intent or ability to pay the money to the victim by selling the house to the third party.

Nevertheless, the Defendant, as such, deceiving the victim and deceiving it from the victim, shall be 50 million won in cash at the certified judicial scrivener office located in the Gangwon-do Crossing-gun around February 10, 2010.

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