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(영문) 의정부지방법원 2016.06.24 2015고단3004
사기등
Text

Imprisonment with prison labor for 6 months and 4 years for the remaining crimes against the crimes of paragraphs 11-2 and 26 of the judgment of the defendant.

Reasons

Punishment of the crime

[Criminal Records] On April 29, 2011, the Defendant was sentenced to a suspended sentence of two years by imprisonment with prison labor for fraud, etc. at the Jung-gu District Court, and the said judgment is the same year.

5.7. Finality was established.

[2015 Highest 3004]

1. On July 13, 201, the Defendant proposed to the effect that “The Defendant would borrow a bond necessary for the lease of an apartment from the victim E office operated by the victim C victim D at the Government of the Gyeonggi-do, Gyeonggi-do, to repay the borrowed amount without the molding KRW 1 million every ten days after sub-leaseing the apartment.”

However, in fact, the Defendant was scheduled to use the above borrowed money for preventing the return of personal debts, not apartment rent, and there was no personal property or special revenue source at the time, and the Defendant was pressured to repay the borrowed money due to the debt of approximately KRW 70 million due to economic circumstances, and there was no intention or ability to repay the borrowed money to the victim from the beginning as agreed.

Accordingly, the Defendant, as seen above, by deceiving the victim, received from the victim the delivery of KRW 10,00,000 as a loan from the victim, i.e., the victim, and received the delivery of KRW 48,39,000,00 from that time to November 7, 201, in total, as shown in the List of Crimes (1).

2. Around September 15, 2011, the Defendant lent money to the victim at the H office of the victim G management of the Ftel 306 Ftel at the Government-Si of Gyeonggi-do around September 15, 201 to the victim “I No. I No.S. car as collateral. The Defendant repaid the borrowed money within four days and borrowed the money before.

The repayment of KRW 20 million by September 30, 201 shall be made without a molding from September 30, 201.

It suggested to the effect that “.......”

However, at the time of fact, the Defendant did not have any particular property or revenue source, and the personal debt reaches approximately KRW 70 million, and did not have the intention or ability to repay the loan to the victim as agreed from the beginning, and the said car offered as security was merely a temporary loan from the J to the actual owner, and there was no right to dispose of it entirely.

In this respect, the Defendant is as above.

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