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(영문) 대구지방법원 영덕지원 2016.02.03 2015고단193
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 20, 200, the Defendant defrauded KRW 37 million on May 20, 2009, and the Defendant made a false statement to the effect that, at a Gohap-si bus terminal located behind the Gohap-si bus terminal located in 1,000,000, the Defendant would complete payment after one month if the Defendant lent KRW 37 million to the Gohap-gun, Gohap-gun, Gohap-gun, for the following reasons: (a) “The Defendant would complete payment after one month if he/she borrowed KRW 37 million as he/she would have borrowed KRW 37 million.”

However, the Defendant had been liable for a debt guarantee amounting to KRW 360,000,000 due to the previous obligation guarantee, and was granted a loan amounting to KRW 500,000,000 for his own house as collateral. In addition, the Defendant concluded a contract to purchase the relevant forest land with KRW 120,000,000 prior to the loan, but it was unclear whether the said forest land can be purchased by additional funds due to the lack of any property other than the above debt, and the said forest land can be recovered after acquiring the said forest land. On the contrary, as for the above forest land, the report was accepted only for the construction of forest roads for forest management, and the authorization of the forest management plan was not completed (the date of application for authorization of the forest management plan was June 30, 200, and the date of authorization of the forest management plan was highly likely to obtain authorization and cancellation of the forest management plan, and there was no intention or ability to recover the said forest from the victim after the loan was made in the condition of one-month.

After all, the Defendant, as above, by deceiving the victim, received 37 million won in cash from the damaged person, namely, by delivering 37 million won in cash.

2. The Defendant, on June 10, 2009, by defraudation of KRW 100 million, is the victim C at the site of the extraction of the instant pine trees located in Gohap-gun, Chungcheongnam-do around June 10, 2009, with the purport that “I will complete payment after three months if I lend KRW 100 million to C necessary to calculate the gold and balance while purchasing D.”

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