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(영문) 수원지방법원 성남지원 2018.11.14 2018고단1255

사기등

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

The defendant pays 40 million won to the applicant by fraud.

Reasons

Punishment of the crime

The Defendant is a person who has operated a real estate brokerage office in the name of “E real estate” located in Seongbuk-gu, Sungnam-gu.

1. Fraud;

A. A. Around March 14, 2013, the defrauded F made a false statement to the victim F that “I would pay the said money if I would first lend money to the victim F in order to invest money in real estate” in the said E’s real estate.

However, even if the defendant received money from the injured party, he was thought to use the money as the name of the existing debt repayment rather than the real estate investment, and since he was in the situation where he was responsible for the debt amounting to 500 million won without any particular property at the time and repaid the debt in the form of a return prohibition, he did not have an intention or ability to repay the money even if he was paid the money from

Ultimately, the Defendant, as seen above, received KRW 233,490,000 from the injured party, from around September 27, 2017, a total of KRW 20,000,00 from around 33 times, such as the statement in the list of crimes, by deceiving the injured party and receiving KRW 20,510,00 from the injured party on the same day on the same day. From around September 27, 2017, the Defendant acquired pecuniary benefits equivalent to the said amount by failing to repay the remainder of KRW 31,510,00.

B. On September 16, 2015, the Defendant: (a) concluded on September 16, 2015, that “Around September 16, 2015, the Defendant would pay interest on KRW 20 million on the 16th of each month if he/she borrowed KRW 20 million from the said E’s real estate to the victim G; and (b) concluded that the Defendant would pay the said money by November 20, 2015.”

However, even if the defendant received money from the injured party, he thought that he will use it for the purpose of paying the existing debt, not for the real estate purchase fund, and he was responsible for the debt amounting to 500 million won without any particular property, and paid the debt in the form of return.