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(영문) 인천지방법원 2017.10.18 2016고단9089

사기등

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On January 29, 2015, the Defendant was sentenced to 8 months of imprisonment with prison labor and 2 years of suspended execution at the Seoul Central District Court, and the above judgment became final and conclusive on February 6, 2015.

The defendant of "2016 Highest 9089" is a land owned by the victim G in the F office of the F office of the Co., Ltd., Ltd., the operation of E located in Ma, Sungnam-si, G on October 2014, only in the name of "Scheon-si, H and 18 parcels, which are owned by I Co., Ltd., and actually in fact.

When developing the above land, civil engineering works will be ordered to the new company.

The land is under appraisal, but it has not been loaned due to the failure to pay the appraisal cost, but the loan will be paid the construction cost.

The phrase “a request for reimbursement of appraisal costs” was false.

However, since the above land was not owned by the defendant, the defendant did not have the intention or ability to develop the above land or request the victim to perform civil engineering works, and the defendant was thought to use money as living expenses by receiving money from the damaged person as appraisal expenses.

On October 21, 2014, the Defendant: (a) by deceiving the victim as above; (b) obtained the victim a total of KRW 4 million from the new bank account under the J’s name on October 21, 2014; (c) KRW 1.3 million from the account under the above J’s name; (d) KRW 1.27 million from the national bank account under the Defendant’s wife’s name; and (e) KRW 8 million from the above K’s account on November 20, 2014; and (e) received the victim’s money from the said K’s account on November 20, 2014; and (e) obtained the victim’s money by offsetting the amount to be paid by the victim to the L designated by the Defendant; and (e) KRW 31 million from the amount to be paid by the victim.

around December 24, 2014, the Defendant actually owns 40,000 square meters of forests and fields in many lots of land other than H in Chuncheon-si, the victim N in Dongdaemun-gu, Seoul, and the fourth floor around December 24, 2014. The Defendant applied for loans of KRW 3 billion of the forest development fund to the Saemaul Bank in the Namyang-gu, Namyang-gu, Seoul, and the appraisal and assessment is completed.