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(영문) 서울중앙지방법원 2017.08.30 2017고단4678
사기등
Text

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

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

Reasons

Punishment of the crime

1. On February 2, 2009, the fraud defendant extended the amount of KRW 54,00,000 to the victim E (38,000,000,000 to try to import Altod candy candys in the United States, within the office of the Dispute Resolution D Co., Ltd. in Gyeonggi-gu, U.S., Sinsan-si, Sinsan-si, the defendant would give to the victim E (38,000,000,000,0000,000)

“A false statement” was made.

However, since the defendant had reached about KRW 70 million at the time and the company was accumulated, even if he borrowed money from the injured party, he did not have the intent or ability to repay it, and even if he imports the candy candy with the borrowed money, he did not have the intention or ability to deliver it to the other transaction parties, such as F Mart and G, so there was no intention or ability to deliver it to the injured party.

On February 3, 2009, the Defendant received KRW 54 million from the damaged party to the new bank account in the name of (State) D around February 3, 2009.

2. When the Defendant was instructed from the above E to demand the occurrence of the damage, the Defendant forged the lease deposit return claim as if the claim for the refund of the lease deposit amount was KRW 100 million, and provided it as security and received a grace period.

On March 2009, the Defendant: (a) printed out the Defendant’s residence located in Dongyang-gu Seoul Metropolitan City H 502 Dongdong-gu, Gyeonggi-do, 502 Dong-gu, and 904; (b) on the rent contract form using a computer, the Defendant forged 1,00,000,000 for the purpose of exercising the Defendant’s seal held in advance on the Defendant’s name and duty by means of using the computer; (c) the size of the steel: 84.72 square meters (3 square meters); (d) the deposit amount for the rent: (e) the amount of KRW 100,00,000 per day; (e) the amount of KRW 1105,50,05, and name: J; and (e) the Defendant forged 1,000,000 for the purpose of exercising the Defendant’s seal attached to the J’s name and duty.

3. On March 2009, the Defendant: (a) delivered to the said E a forged pre-sale agreement at a minor place; (b) as if the signing of the pre-sale agreement was duly formed.

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