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(영문) 청주지방법원 2019.05.02 2018고단515
사기등
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal record] The defendant is currently under suspension of execution, after being sentenced to 8 months of imprisonment or 2 years of suspended execution by the Cheongju District Court on October 20, 2017, due to a violation of the Punishment of Violences, etc. Act (joint conflict), which became final and conclusive on October 28, 2017.

【Criminal Facts】

1. Around March 10, 2017, the Defendant made a false statement that “A victim shall pay a private teaching institute fee to the victim” in the office of D’s management of the victim C, which is located in the Cheongju-si Office B, Cheongju-si, stating that “A victim shall pay a private teaching institute fee. A private teaching institute fee shall be paid after paying the victim’

However, the defendant did not have any intention or ability to complete payment even if he pays the school expenses with the card of the victim due to the lack of certain income.

As such, the Defendant: (a) by deceiving the victim; (b) paid 2 million won of a private teaching institute fee with the check card from the victim; and (c) did not repay it; and (d) acquired property or pecuniary benefits equivalent to KRW 3,568,000 in total on four occasions from that date to April 15, 2017, such as the statement in the list of crimes in the attached Table.

2. On April 20, 2017, the Defendant entered into a lease agreement with G, a lessor, etc., by setting a deposit amount of KRW 10,000 for the lease of Cheongju-si E and F around April 20, 201.

However, around April 15, 2017, the Defendant, like the list No. 4 of the crime log No. 1, stated in C around April 15, 2017, concluded that the remainder of the lease deposit against the said store was KRW 25 million and borrowed money for the purpose of paying any balance. On September 2017, the Defendant was willing to forge the lease contract for the said store when C demanded repayment, etc.

In early September 2017, the Defendant forged a private document, using a computer located in the Cheongju-gu H apartment I in the area of Cheongju-si, Cheongju-si, and then obtained a lease contract form through Internet search, and then an X-gu, X-gu, in the column of the deposit amount of the lease contract.

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