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(영문) 서울중앙지방법원 2013.08.14 2013고단2652

사기

Text

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

Reasons

Punishment of the crime

1. Fraud against the victim C;

A. On October 31, 2008, the Defendant of the crime of October 31, 2008 told the victim C to “Eda” located in Daegu-gu Dong-gu, Daegu-gu, to the effect that “The repair cost is required to move the G real estate office which is currently operated by the building from among the F door that he manages, and only 10 million won is borrowed. If the Defendant borrowed money, he would receive the deposit of the real estate office in the current operation and make a repayment without the mold.”

However, the fact is that the lease deposit of G real estate office, which the Defendant had previously operated, was merely five million won, and even if the deposit was returned, it could not be repaid with the money, and there was no deposit to be returned due to the deduction of the unpaid monthly income. While other creditors were urged to repay with severe amount of money, there was no intention or ability to repay even if the Defendant borrowed money from the victim due to the chilling of real estate competition.

Nevertheless, the defendant deceivings the victim as above, and he was immediately issued 10 million won by the victim and acquired it by fraud.

B. Around November 11, 2008, the Defendant of the crime committed on November 11, 2008 stated that “If the above victim borrowed 10 million won as the repair cost falls short of 10 million won, the Defendant would receive the deposit from the above victim and repay it without the mold.”

However, the facts did not have the intention or ability to repay the borrowed money from the victim, such as the above Section 1(A).

Nevertheless, the defendant deceivings the victim as above, and he was immediately issued 10 million won by the victim and acquired it by fraud.

2. On February 2009, the Defendant committed fraud against the Victim H in the G real estate operated by the Defendant in Daegu-gu, Daegu-gu, with the victim H “as there is real estate in which fests are generated,” and the buyer left the profits from the purchase and sold them.