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(영문) 의정부지방법원 고양지원 2013.07.05 2012고단1330
사기
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of eight months.

provided that this ruling has become final and conclusive.

Reasons

Punishment of the crime

[criminal power] Defendant A was sentenced to six months of imprisonment with prison labor and two years of suspended execution for a crime of fraud in Gyeyang Branch of the District Court on September 30, 2005, and was sentenced to ten months of imprisonment with prison labor and two years of suspended execution for a crime of fraud in Gyeyang Branch of the District Court on September 26, 2012, and is currently under the grace period, which became final and conclusive on October 5, 2012.

Defendant

B On November 4, 2010, the Incheon District Court sentenced 8 months of imprisonment for fraud and 2 years of suspended execution at the Incheon District Court on November 12, 2010, which became final and conclusive on November 12, 2010. On December 15, 201, the Incheon District Court sentenced one year of imprisonment for fraud and three years of suspended execution, which became final and conclusive on December 23, 201.

【Criminal Facts】

1. Defendant A

A. On April 26, 2010, the Defendant: (a) at the E office located in the operation of the D Building No. 401 in Pakistan-si, Pakistan-si, and around April 26, 2010, the Defendant said that “The victim F purchased the area of G, H, I forest land 19,249 square meters from the owner and is developing it as a multi-unit housing complex. Upon completion of the civil engineering work, the Defendant borrowed the amount of KRW 5.5 billion from the agricultural cooperatives located in Australia-si, immediately after loaning the amount of KRW 1.20,000,000,000 from May 31, 2010; and (b) said, the Defendant would pay the interest of KRW 3% per month.”

However, at the time, the Defendant paid only KRW 100,000,000 as down payment out of KRW 3.455 billion for the above forest land, and there was no building report with respect to the above H and I.

In addition, while there was no particular property, approximately KRW 350 million was responsible for the debt, and there was an idea to repay the debt to the third party with the said money, so there was no intention or ability to repay the debt as promised even if the victim borrowed money from the victim.

Nevertheless, the Defendant received KRW 120,000 from the victim as the borrowed money in the same place.

B. Around June 15, 2010, the Defendant borrowed a 50 million won loan from the said office to the victim when the victim borrowed the 50 million won construction cost.

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