(영문) 창원지방법원 진주지원 2020.03.26 2018고단1453

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(영문) 창원지방법원 진주지원 2020.03.26 2018고단1453

사기

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A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[criminal power] On May 7, 2015, the Defendant was sentenced to seven months of imprisonment for fraud, etc. at the Changwon District Court, and completed the execution of the sentence in the Changwon Prison on December 8, 2015.

【Criminal Facts】

"2018 Highest 1453"

1. On March 16, 2018, around March 16, 2018, the fraud Defendant provided the victim C with a false statement to the effect that “If the Defendant lends the maximum amount of KRW 7 million to the victim C, he/she will offer the victim C with a car in the name of the denied D as security and repay it within one month.”

However, at the time, the defendant did not have certain income and did not have property, and since the right to collateral security was established over the market price of 33,00,000 won in the passenger car above, the defendant had no intention or ability to pay the money even if he received the money from the victim.

Nevertheless, the Defendant deceivings the victim as above, and received 6,30,000 won in cash from the victim at the same time and place.

2. On April 9, 2018, the Defendant: (a) around April 9, 2018, on the second floor of the “H” operation of the Victim G Negation in Sacheon-si, the Defendant made a false statement to sell an apartment house of KRW 70 million or KRW 80 million at the market price in Sacheon-si, and KRW 12 million per month to the victim introduced through Sacheon-si I; (b) on June 9, 2018, the Defendant repaid the amount of KRW 12 million; and (c) during that period, the Defendant paid KRW 120,000 per month to the victim; and (d) during that period, the Defendant sold the apartment house of KRW 70 million or KRW 80 million at the market price in Sacheon-si, within 15 days.

However, an apartment that the defendant had been living at the time entered into a lease agreement of KRW 3,00,000,000,000,000 won and KRW 3,60,000,000 in the name of the denied D, and thus, it could not be sold. The above passenger car had no value of collateral due to the establishment of a mortgage of KRW 33,00,000,000 in the market price, and there was no value of collateral, and even if there was no other income, it is the intent and ability

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