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(영문) 대구지방법원 김천지원 2016.12.22 2015고단1643
사기
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The defendant of "2015 Highest 1643" is between the children of the victim D(68) and the children of the defendant, who have been aware of about 30 years of age with the victim.

1. On April 6, 2011, the Defendant made a false statement to the FF Association in Kimcheon-si, Kimcheon-si, stating that even if he/she borrowed money from the victim, he/she did not think of using it as the price for construction, and was thought to use it as the gambling money, and that he/she did not intend or have the intent or ability to repay the money to the victim within a short period, and that he/she would return the money to the victim only if he/she borrowed money because he/she did not receive the construction cost but only borrowed money. Accordingly, he/she received KRW 100 million from the victim as the security and acquired the loan from the victim.

2. On June 23, 2011, the Defendant: (a) at the F Association as indicated in paragraph (1) of this Article, the Defendant, even if she borrowed money from the victim, did not have the intent or ability to repay the money in a short period; and (b) did not wish to use it as gambling money; (c) concealed such fact; and (d) fraudulently stated that “I would complete the payment of the construction cost if the loan is granted to the victim; and (d) the victim would immediately pay 50,000 won of the forest owned by the victim as security; and (e) obtained 5,000 won of the loan from the victim.”

3. On January 13, 2012, the Defendant made a false statement that “The Defendant would be able to identify the person who will purchase the forest land to Seoul and to connect the forest with the sale of the forest by ascertaining the person who will purchase the forest by taking out the forest as security,” while the Defendant would not have any intention or ability to sell the forest owned by the victim, and the Defendant would have the victim obtain a certificate of the personal seal impression. The Defendant issued a certificate of the personal seal impression and would have the victim obtain the certificate.”

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