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(영문) 수원지방법원 성남지원 2020.04.08 2020고단237
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

[criminal power] On March 8, 2019, the Defendant was sentenced to a suspended sentence of two years for a crime of fraud at the Suwon District Court, which became final and conclusive on March 16, 2019.

【Criminal Facts】

1. On August 3, 2018, around August 3, 2018, the Defendant: (a) made a false statement to the victim D in the C Hospital car page located in Seongdong-gu Seoul Metropolitan Government, stating that “Around August 3, 2018, the Defendant shall set up an apartment at the time of drinking water and shall only repair the apartment.” (b) if 60,000 won is loaned money for the internal repair; (c) if 60,000 won is insufficient, the Defendant will transfer an apartment with the authority to dispose of the apartment without being delegated by the owner of the building; and (d) made a loan with the intent to pay 170,000 won by August 20, 2018, to transfer the apartment without having the authority to dispose of the apartment.” (d) made a false statement of intent to transfer the apartment in the E-type 30,000,000 in

However, as the defendant bears a large amount of personal debt at the time, he thought that he would use the above amount for the repayment of personal debt at the time of credit, he did not establish apartment at the time of credit, he could not transfer the apartment to the victim because he did not have been delegated the right to dispose of the above 30 square meters apartment at the time of credit, and even if he borrowed money to the victim due to no particular revenue or property, he did not have the intention or ability to repay it.

Nevertheless, the Defendant deceivings the victim as above and received KRW 45 million from the victim’s account in the name of the Defendant on the same day.

2. On August 6, 2018, the Defendant made a false statement that “Around August 6, 2018, the Defendant would lend money to the said victim by telephone to lend money to the said victim as much as there is any shortage of money to pay the money.”

However, as the defendant bears a large amount of personal debt at the time, he thought that he will use the above amount to repay his personal debt, and even if he borrows money to the victim due to no particular income or property, it is also possible.

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