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(영문) 수원지방법원 2016.03.16 2015고단1546

사기

Text

A defendant shall be punished by imprisonment for three years.

The defendant pays 100,000,000 won to the applicant through fraud.

Reasons

Punishment of the crime

The summary of criminal facts and evidence against the defendant shall be stated in the order of time as stated in its reasoning.

[2015 Highest 4373] The Defendant is a person who operates the J “J” in Masung City I.

On July 2012, the Defendant posted a newspaper advertisement on the following contents: “The studio studio in Gyeonggi-do, the monthly rent of the line, the liability for KRW 7,300,000,000,000,000 per annum 790,000,000 per annum 15% or more per annum,” and on July 12, 2012, the Defendant entered into a sales contract with the victim K who reported the above newspaper advertisement at the above J office on July 12, 2012, and issued a down payment of KRW 59,00,000,000 from the damaged party to the L site and M building A, but the victim requested the rescission on the ground that the purchase price is not paid from the contract date.

On the other hand, the Defendant: (a) received 130 million won or more from N in the construction of a bad credit holder and/or loan; and (b) constructed the loan as a partnership business; (c) registered the site of the loan as security in the name of O, which is the spouse of N; and (d) the Defendant, when constructing a loan on the ground of L site at an investigative agency, stated that he did not have any money invested therein.

B. Around August 4, 2012, the Defendant continued to demand the return of the above investment money from N, but failed to return it, the Defendant terminated the partnership business agreement on the ground that N did not receive the return of the investment money, and entered into a situation in which the ownership of the above lending was unable to be transferred normally. Nevertheless, the Defendant transferred the ownership of the loan from the above J office to September 20, 2012 at the above J office around August 10, 2012.

“The purpose of “ was to make a false statement.”

The Defendant, from the victims on August 13, 2012, 100 million won as part payments, and 100 million won as part payments around August 16, 2012, and part payments on September 18, 2012.