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(영문) 서울동부지방법원 2013.04.03 2012고단891

사기

Text

A defendant shall be punished by imprisonment for two years.

The application for compensation order of this case shall be dismissed.

Reasons

Punishment of the crime

1. Around September 27, 2010, the Defendant made a false statement to the victim F in the coffee shop in Gangnam-gu Seoul, stating, “The Defendant purchased real estate in Gyeonggi-do Yangyang and borrowed 30 million won from the land owner, and the land owner demanded the return of the borrowed money. The purchased real estate cannot be prepared for the borrowed money because it does not purchase or sell the real estate. If the purchased real estate is lent 30 million won, the Defendant would make a loan at another place within one month without the mold.”

However, in fact, the Defendant had not received income at the time and had a debt of approximately KRW 930 million, and paid interest about KRW 50 million every month, and even if he borrowed money from the victim, he did not have the intention or ability to complete the payment.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 30 million from the victim to the agricultural bank account of the Defendant on the same day and acquired it by deceit.

2. Around December 30, 2010, the Defendant, along with G, stated that “The Defendant would purchase the said I and J forest and sell the said forest to the victim who created grassland or sell it to the horse farm, or sell it in separate account books, at a restaurant where the trade name in H in the Crossing-gun of Gangwon-do is unknown.” The Defendant agreed to purchase the said forest and field in KRW 300 million, and the seller paid the down payment in KRW 45 million among them. If the Defendant lent KRW 300 million to K with the remainder and the transfer cost of registration, it would be repaid in KRW 400,000,000, including the interest, until May 28, 2011.”

However, the fact that the Defendant entered into a sales contract with the above K to purchase 300 million won around April 13, 2010, but the above sales contract was terminated due to the failure to pay any balance on July 12, 2010, which is the remaining payment date. Since it is difficult for the Defendant to pay the interest and the principal on the debt amounting to approximately KRW 800 million at the time of the payment of the balance, it was intended to use it for the Defendant’s debt repayment, etc. even if 300 million won was lent from the victim.