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(영문) 의정부지방법원 2017.01.12 2015고단2701
사기
Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

On April 17, 2015, the Defendant was sentenced to six months of imprisonment with prison labor and one year of suspended execution as a result of obstructing the execution of official duties by the District Court, and the above judgment became final and conclusive on the 25th of the same month.

1. On July 23, 2010, the Defendant would pay the principal by October 23, 2010, at the D real estate office in the operation of the Defendant located in Jung-gu Government-si, and at the D real estate office in which the Defendant would lend KRW 30 million to the victim E with interest of KRW 1 million per month, and until October 23, 2010, which is subsequent to the three-month period.

2. The term “assumed.”

However, at that time, the Defendant did not have any intent or ability to repay even if he borrowed money from the Defendant, such as having a debt of KRW 50 million against F, which is the Defendant’s branch of the Defendant.

As such, the Defendant, by deceiving the victim, received KRW 30 million from the victim to receive the delivery of KRW 30 million on the same day.

2. On November 5, 2010, the Defendant: (a) from the Victim E’s G head office located in the Gu-si around the Government-Si around November 5, 2010, the Defendant: (b) placed the Victim with nine bonds borrowed from the container in front of the container; and (c) made profits from the purchase.

In order to lend KRW 200,000 to the Fund, interest on the second part of each month shall be given, and the money shall be repaid to the Party when the Party transfers his/her school expenses to its children.

The market price of H apartment house is 30 million won at the time of the Gu's government residing in the present.

The purpose of this article is to purchase real estate from a person who has suffered money from the victim and to make a false statement as if he/she were to return it.

However, in fact, the Defendant was merely intended to use money for personal purposes from the damaged party, and did not have the intent or ability to use the money for the sale of real estate, and even if the Defendant borrowed money from the damaged party, such as the lessee of the above H apartment, there was no intention or ability to repay the money.

The Defendant, as such, by deceiving the victim, received a total of KRW 170 million from the victim to the victim, including KRW 70 million on the same day, and KRW 170 million on December 4, 2010, and acquired it through deception.

Summary of Evidence

1. Part of the defendant;

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