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서울북부지방법원 2016.12.14 2016고단303

사기등

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around September 2014, the Defendant against the victim D introduced himself/herself as “real estate experts who purchase and sell real estate at low-value prices or conduct a business that raises profits by directly managing real estate at a real estate price” and made the victim D’s attempt to assist the Defendant’s work related to the real estate. Around September 2014, the Defendant introduced that “The purchase of real estate and the management of real estate will change.”

On October 17, 2014, the Defendant committed fraud on October 17, 2014, reported that the victim had a card price of KRW 10 million at the above office around October 17, 2014, and that “if the Defendant borrowed KRW 8 million, he would make payment before the card settlement date.”

However, the defendant is a bad credit holder, and since January 2014, he did not have any property or income under the name of the defendant, and even if he borrowed money from the victim, he did not have any intention or ability to repay the money.

Nevertheless, the Defendant, by deceiving the victim as above, received eight copies of the KRW 1 million check from the victim on the same day.

B. On November 5, 2014, the Defendant committed the crime of fraud, which was committed on November 5, 2014, told the victim to the effect that “The dumped is less than KRW 0,000,000,000,000,000,000.”

However, the defendant is a bad credit holder, and from January 2014, the defendant did not have any property or income in the name of the defendant, and even if he borrowed money from the victim, he/she did not have any property or income.