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(영문) 의정부지방법원 고양지원 2012.09.20 2011고단1097 (1)
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On December 3, 2010, the Defendant was sentenced to one year of imprisonment with prison labor and three years of suspended execution due to habitual gambling at the Incheon District Court, and the judgment was finalized on December 11, 2010. On December 8, 2010, the Seoul Western District Court sentenced ten months of imprisonment with prison labor and two years of suspended execution on December 16, 2010.

1. On March 2010, the Defendant: (a) at the multilateral bank located in the Dong-dong Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-gu, and (b) the Defendant was transferred KRW 180 million to the victim around March 26, 2010

However, there is little possibility that F may take up money with gambling, and the Defendant did not have any property in the name of the Defendant, while the obligation reaches or exceeds KRW 100,000,00,000, and the obligation of the Defendant is not capable of being repaid soon, and even if he received money from the victim, he did not have the intent or ability to pay the principal or interest until the date of the promise.

Accordingly, the defendant deceivings the victim, thereby deceiving 180 million won.

2. At around April 2010, the Defendant: (a) at the multilateral bank located in the preceding paragraph (1) around April 2010, the Defendant concluded that “I would be able to impose a large amount of punishment on the victim if I have lost the full amount of the existing loan due to gambling, but I go home in Mada; (b) the principal of the loan will be repaid within three months, and double interest will be paid; (c) whether I will play money; and (d) whether I will not have much securities, real estate, etc.; (b) I believe I will do so; and (c) the Defendant received documents necessary for the establishment of the right to collateral security under Article 602 of the Yeongdeungpo-gu Seoul Metropolitan Government GY 602, which was owned by the victim from the victim, on April 21, 2010.

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