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(영문) 광주지방법원 2016.10.13 2014고단3520

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[2014 Highest 3520]

1. On April 8, 2014, the criminal defendant through deception of the C gas station site and building, in the E-legal office located in Gwangju-gu, Seo-gu, Gwangju, he/she would purchase the C gas station site and building (each real estate listed in the attached Table; hereinafter “instant real estate”) in the name of G for a purchase amount of KRW 700 million. First of all, he/she would pay the down payment of KRW 430 million and the balance of KRW 270 million shall be paid, and the ownership of the instant real estate shall be transferred in the name of G, because he/she would pay KRW 10 million on May 12, 2014 and KRW 10 million on June 1, 2014 and KRW 70 million on July 12, 2014.”

However, even if ownership of the instant real estate is transferred in G’s name, the Defendant did not have any intent or ability to pay the purchase price, including the balance of KRW 270 million.

Nevertheless, the Defendant made a false statement to the victim as above, and acquired the ownership of the instant real estate from the victim under the name of G on April 10, 2014.

[2014 Highest 4901]

2. On September 1, 2013, the Defendant, following the use of credit cards, purchased one credit card from H for the settlement of KRW 3.10,000,000,000,000,000,000,000,000,000,0000 won, and paid the above credit card to the victim as if the said credit card was owned by the Defendant on September 30, 201. On October 1, 2013, the Defendant settled the sum of KRW 3.81,00,00,000,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,00 won.

Accordingly, the defendant deceivings victims to acquire financial benefits equivalent to the above amount.

3. The criminal defendant by deceitation of buses is a fraud parking lot in the Yeongsan Riverside in the Seomjin Mine-gu, Gwangju, around October 2013.