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(영문) 춘천지방법원 강릉지원 2018.06.20 2017고단942

사기

Text

Defendant shall be punished by imprisonment for a term of one year and six months.

Reasons

Punishment of the crime

The defendant worked as the head of the golf course business related to the golf course business in the Co., Ltd. which operates the real estate development business, and the victim D was known through a golf meeting for about 10 years.

1. On October 24, 2008, the Defendant committed the crime at around October 24, 2008, at the F office operated by the victim D in Gangseo-si, Gangnam-si, the Defendant made a golf course in Gangnam-si, Gangnam-si, and the Defendant tried to make a golf course outside of the golf course.

The dormitory site can be purchased and sold in C, so it is possible to make a lot of profit, so that 100 million won can be repaid by the end of March 2009, and 5% interest shall be paid per annum.

2. The term “assumed.”

However, even if the Defendant borrowed money from the injured party, it was thought that he would immediately use it as an individual name, such as the Defendant’s stock investment fund and credit card payment settlement, and at the time, the Defendant did not have any assets owned separately except the Monner passbook, and there was no asset owned by the Defendant. Thus, the Defendant did not have the intent and ability to repay the amount of KRW 100 million to the injured party by purchasing the land located in Gangseo-si G from Gangnam-si and selling it again until March 2009.

Nevertheless, on October 24, 2008, the defendant had been issued KRW 100 million to the account (Account Number: H) in the name of the defendant around October 24, 2008 from the person who deceivings the victim as above and deceivings the victim.

2. On March 25, 2009, the Defendant: (a) borrowed money from the victimized person as a land purchase fund; (b) but (c) did not purchase the land, the Defendant had the intention to additionally borrow money by stating that the due date for repayment of the said borrowed money is the next person, the victim’s land purchase fund is necessary.

The Defendant, at the F Office of the Victim’s Operation indicated in the above paragraph (1) around March 2009, presented to the victim a real estate sale contract with the purchase price of KRW 800,000 to the Plaintiff and the other four parcels of land at KRW 1,00,000,000.