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(영문) 서울서부지방법원 2017.09.15 2017고정644

사기

Text

1. Defendant shall be punished by a fine of 2,000,000 won;

2. Where the defendant does not pay the above fine. < Amended by Presidential Decree No. 16090, Jan. 1

Reasons

Punishment of the crime

1. On August 4, 2009, the Defendant: (a) around the day of the victim C’s operation in Eunpyeong-gu Seoul Metropolitan Government around August 4, 2009, the Defendant would purchase and transfer the ownership of the building E when the victim purchased and transferred the ownership of the building “2 million won and the remainder of three million won, if the purchase and sale of the building was delegated by D, if any.

“......”

However, the defendant did not have any intention or ability to transfer the ownership of the above real estate even if he received the down payment from the injured party because he did not have received the delegation of sale from the above D and did not have any right to the above real estate.

As such, the Defendant, by deceiving the victim, received 2 million won from the injured party on the same day from the same day, and acquired it by fraud.

2. On September 1, 2009, the Defendant called the victim at an infinite place and repaid the amount of KRW 800,000 to the victim without the mold.

“......”

However, since the defendant did not have any property, he did not have any intention or ability to repay the money even if he borrowed the money from the victim.

As such, the Defendant, by deceiving the victim, received 80,000 won from the victim to the Agricultural Cooperative Account under the name of the Defendant on the same day and acquired it by fraud.

3. On September 21, 2009, the Defendant called the victim at an infinite place and repaid the amount of KRW 900,000,000 to the victim without the mold.

“......”

However, since the defendant did not have any property, he did not have any intention or ability to repay the money even if he borrowed the money from the victim.

As such, the Defendant, by deceiving the victim, received 90,000 won from the victim to the Agricultural Cooperative Account under the name of the Defendant on the same day, and acquired it by fraud.

Summary of Evidence

1. Statement C in the second interrogation protocol against the accused during the police service;

1. Statement made by the police with respect to F;

1. A complaint (a copy of the contract for the sale of attached real estate;