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(영문) 수원지방법원 2013.04.10 2012고단4116
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 2, 2012, the Defendant was sentenced to imprisonment with prison labor for six months on the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes, and the said judgment became final and conclusive on February 10, 2012.

From around 2001, the Defendant became a bad credit holder due to the business division, and even if the Defendant did not borrow money from the victim C due to the absence of a certain occupation, there was no intention or ability to repay the money.

However, from August 2009 to the victim living together on the premise of marriage, the Defendant expressed that “I are professors holding concurrent posts at D University D University University. I purchased a divided E apartment to live in Korea by marriage, and that it is necessary to pay money to the victim in order to resolve a lot of collateral mortgages on the house.”

1. On June 2010, in order to deceiving the victim as if the above E apartment was actually purchased, the Defendant: (a) stated that “G”, “B”, “B”, and “B” of the above parties in the course of the adjudication on cancellation of the registration of creation of a mortgage on the place of the Internet “F” at the PC located in Seongbuk-si, Seongbuk-si; and (b) stated that “The victim was fully agreed upon by receiving gold (38,000,000, 38,000,000) in the course of the adjudication on cancellation of the registration of the establishment of a mortgage on the place of the above Heung-si, Seongbuk-si; and (c) marked the Defendant’s unmanned on the name of the above G without the permission.

Accordingly, for the purpose of uttering, the Defendant forged a letter of money-related agreement in the name of G, which is a private document on rights and obligations.

2. On June 2010, the Defendant: (a) presented the forged monetary-related agreement to the victim as if it were a genuine document at Htel located in the Sungnam-si, Sungnam-si; and (b) exercised it.

3. Even if the Defendant borrowed money from the victim as above, the Defendant did not have the intent or ability to repay the money. However, around March 2010, the Defendant was the victim.

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