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(영문) 서울북부지방법원 2017.08.18 2017고단2687

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant, who works as a broker assistant at a real estate brokerage office, was aware of about 20 years through the “N”, the victim L and his/her double-sponser M, and, on July 2016, in order to obtain money from the victims as real estate investment proceeds by using the fact that he/she works in real estate as a result of lack of living expenses, etc., and around that time, he/she was willing to obtain money from the victims as real estate investment proceeds by using the fact that he/she works in real estate. At that time, he/she was holding that the victim M has sold an officetel and made an investment of more than 50% for one month, he/she returned profits to the victim M, and received KRW 10 million from M and returned KRW 15 million around September 5, 2016 to the victim’s trust.

Since September 12, 2016, the Defendant would guarantee the principal and 30% profits within two months if he/she invests KRW 10 million in purchasing a Ptel sales right at the Gangnam-gu Seoul O and 101 Dong 103 at the victim M's house.

“A false statement” was made.

However, in fact, the defendant did not engage in the business of purchasing the above officetel sales right at the time, and even if he received money from the victim M as investment money, he thought that he would use the money for the defendant's living expenses, entertainment expenses, gambling expenses, personal debt repayment, etc., and there was no intention and ability to pay the principal and 30% profit on the date promised to the victim M.

As such, the Defendant, by deceiving the victim M, received KRW 10 million from the post office account of the Defendant on September 12, 2016, and acquired the total of KRW 15 million from the victim M and the victim on a total of six occasions during the period from November 1, 2016, as shown in the attached crime list, as well as from November 1, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol of examination of the suspect against the accused by the prosecution (including the cross-examination);

1. Statement made by the police with respect to M (including part concerning the L/C statement);

1. Application of the Acts and subordinate statutes to the complaint;

1. Relevant Articles of the Act and punishment concerning the facts constituting the crime;