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(영문) 전주지방법원 정읍지원 2018.05.15 2017고단242
사기
Text

The punishment of the accused shall be eight months by imprisonment.

except that the above sentence shall be executed for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal records] On June 2, 2015, the Defendant was sentenced to imprisonment with prison labor for 6 months in the Jeonju District Court’s Eup branch court’s branch court for fraud and for 2 years in probation, and the judgment was finalized on the 10th of the same month.

[Criminal facts]

1. The Defendant: (a) around July 23, 2013, at the “E real estate office located in Go Chang-gun, Go Chang-gun; (b) around July 23, 2013, the Victim C requires KRW 30 million to prevent the Defendant from going beyond the auction.

It is worth paying 30,000,000 won, and it will be repaid within 2 months.

“A false representation was made.”

However, the real estate in the name of Defendant F was already transferred by compulsory auction on December 12, 2012, so even if the damaged party borrowed KRW 30 million, there was no intention to use the real estate in connection with auction.

In addition, even though there was no particular property or income, the defendant did not have any intention or ability to pay the victim KRW 30 million, since the debt exceeds KRW 150 million.

The Defendant acquired KRW 25 million from the injured party on the same day, and KRW 5 million from July 24, 2013 to the Agricultural Cooperative Account in the name of the Defendant, respectively, by remittance (Article 2017 Goo 440 of the upper part). 2. The victim G

A. On December 4, 2014, fraud H did not receive insurance money with respect to her husband before her death, and H and I did not have any intent or ability to pay the insurance money even if she borrowed money from the injured party, on the ground that H and I had a “refiscing to return”.

Nevertheless, the Defendant, in collusion with H and I on December 4, 2014, in the case of the victim G located in theJ of the former North Chang-gun on North Korea on the part of the victim G, H and I should seek insurance proceeds by appointing an attorney-at-law in collusion with H and I.

It shall be paid only 10 days on the face of the loan of 30 million won to the expenses incurred in the appointment of an attorney-at-law.

The term "a false statement" shall be made, and the defendant shall receive insurance money from the next side thereof.

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