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(영문) 인천지방법원 2014.08.27 2013고단7399

사기

Text

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

Reasons

Punishment of the crime

1. On June 21, 2008, the Defendant stated that “A victim E shall pay interest at 2% per month on the interest rate if the Defendant borrowed KRW 20 million from the D Real Estate Office located in Incheon Strengthening-gun Co., Ltd. to the victim E., but the purchase cost of KRW 20 million.”

However, there was no particular property or monthly income, and even if the defendant borrowed money from the victim, there was no intention or ability to repay the money in accordance with the agreement.

Accordingly, the Defendant, by deceiving the victim, was given KRW 20 million from the victim who was in his seat.

2. Around December 1, 2008, the Defendant made a false statement to the victim E at the above D Real Estate Office stating that “If the Defendant lends KRW 5 million to the victim E, he/she shall be paid a full payment.”

However, there was no particular property or monthly income, and even if the defendant borrowed money from the victim, there was no intention or ability to repay the money in accordance with the agreement.

Accordingly, the defendant deceivings the victim and received five million won from the victim, namely, the victim's seat.

3. On June 2009, the Defendant, at the construction site of Changdong-ri, Changdong-ri, Incheon, Incheon, a Staff member of the Seocho-gu branch of the Seocho-gu, Incheon, stated that “If the school bridge is completed, the school building value would be at least twice the purchase price. The local government would also invest KRW 70 million in the private placement to jointly purchase three persons.”

However, even if the defendant received money from the victim, he thought that he did not use the purchase fund for the victim's land and used it for his personal purpose.

Accordingly, the Defendant, by deceiving the victim, was delivered KRW 55 million from the victim on June 4, 2009 and KRW 15 million around the 5th day of the same month.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes to the details of payment of money, details of account of complainants, written confirmation, and details of account;