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(영문) 서울남부지방법원 2014.10.17 2014고단1953

사기

Text

A defendant shall be punished by imprisonment for one year.

Of the facts charged in this case, the fraud of 225,449,80 won is acquitted.

Reasons

Punishment of the crime

Around April 2006, the Defendant, who became aware of the distribution of the university Dong-dong at the university around 2006, had re-exploited the victim C (the age of 49) with the re-exploitation of the apartment of KRW 800,000,00,000 and carried out a letter, “APT implementation project,” and proposed that “APT implementation project is jointly defective and approved by the victim”.

1. On August 29, 2007, the Defendant made a false statement to the effect that “The Defendant jointly engaged in the business of developing Russia land by investing KRW 100 million in common expenses each in the amount of KRW 50 million in the local apartment monthly rent, public charges, and system costs, etc.” at G office operated by the victim in the Sinsan-si, Sinsan-si.

However, the fact was merely the victim’s intent to receive money from the victim to use it for other purposes, such as living expenses, and did not have the intent or ability to invest in the development project of the clean land. At the time, the Defendant was in a bad credit condition, such as that the amount of delinquent taxes exceeds KRW 50 million,00,000, and the Defendant did not have the intent or ability to invest KRW 50,000 in the project.

The Defendant, by deceiving the victim as above, received KRW 20,943,400 on August 29, 2007 from the victim to the H bank account in the name of the H under the pretext of investment, and received KRW 20,000 ($19,056,60 on the same day) in cash, and remitted or granted KRW 50,000 on the same day.

2. On October 2007, the Defendant: (a) at a place where it is not possible to identify a place where the Defendant was a policeman; and (b) at a place where it is difficult to identify, the Defendant called the said victim by telephone; and (c) at the Russia’s

I make an investment of KRW 25 million each, and I makes an investment of KRW 50 million in a total of KRW 100 million in a corporate passbook.