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(영문) 수원지방법원 2012.11.22 2012고단2846

사기등

Text

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

Reasons

Criminal facts

1. On November 27, 2008, the Defendant made a false statement to the victim D’s house located in Gangseo-gu Seoul Metropolitan Government C Apartment 101 304 Dong 304, stating that “The Defendant would make a contract by purchasing and entering into the land at the time of the Gyeonggi-gu Gyeonggi High-si, with a down payment of KRW 10 million plus three additional interest, if it is short of the down payment to make a contract.”

However, the defendant did not purchase the land at the time of the game, and there was no intention or ability to repay the land even if he borrowed money from the victim due to the absence of any specific property, other than the debt amounting to KRW 195 million around the above time.

As above, the Defendant, by deceiving the victim as above, received 10 million won from the victim under the name of the defendant as the passbook in the name of the bank in the name of the defendant on the same day from the victim, and acquired 60 million won in total at least four times from the time until February 10, 209, as shown in the list of crimes in the attached Form.

2. On February 10, 2009, the Defendant kept the above clothes 45 punishment, the victim’s possession, on the ground that “E” in the management room of the Defendant’s operation in the Seocho-gu, Yongsan-gu, Yongsan-gu, Yongsan-gu, Seoyang-si, the Defendant: (a) “Isn't return the 45 punishment of the functional clothes he purchased to the Company, who will not return to the Company; and (b) Isn't return it to Isn't return it; and (c) Isn't return it.”

While the Defendant kept the above functional clothes 45 of which he was requested for sale on behalf of the victim, on March 2009, requested the victim to sell the clothes or return the clothes that he did not sell, he returned the 2 punishment, and refused to return the remaining 43 punishment, on the ground that he sold the 43 punishment but did not enter the money.

Accordingly, the defendant, who was in custody for the victim, refused to return functional clothes equivalent to 13.7 million won in the market value of the victim's possession and embezzled it.

Summary of Evidence

1. Partial statement of the defendant;

1. A witness;