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(영문) 의정부지방법원 2017.06.21 2014고단2948

사기

Text

Defendant

A Imprisonment for two years, Defendant B’s imprisonment for ten months, Defendant C’s imprisonment for one year, and Defendant D’s fine for 3,00.

Reasons

Punishment of the crime

Defendant

A was sentenced to ten months of imprisonment for fraud at the District Court on January 24, 2013 and three years of probation, and the judgment became final and conclusive on July 13, 2013. On December 17, 2013, Defendant C was sentenced to two years of imprisonment with prison labor at the Jeju District Court on December 17, 2013, and the said judgment became final and conclusive on October 11, 2014.

"2014 Highest 2948"

1. Fraud to the victim J;

A. On March 4, 2011, Defendant A made a false statement to the effect that “The Plaintiff purchased the land of three parcels, such as Pyeongtaek-gun L, M, N, etc. (hereinafter “O three parcels of land”) in the name of the victim, and paid the purchase price by receiving the loan from the bank as collateral and then, if sold, there is a lot of profit, and the profit will be refunded 100 million won at the cost of land appraisal and assessment.”

However, in fact, Defendant A did not have been given a loan by appraising the O three lots of land, or had no idea of selling it, and had the intent to arbitrarily use the money received from the injured party for the purpose of living expenses, etc., so there was no intention or ability to pay 100 million won for the victim's profit.

Nevertheless, the defendant was given 40 million won to the injured party in terms of land appraisal on the same day.

Accordingly, the defendant was given property by deceiving the victim.

B. On June 8, 2011, Defendant A made a false statement to the effect that, “The victim J purchased four lots of land, such as P, Q, R, and S (hereinafter “T 4 lots”) in the name of the injured party in the non-fluorial car page near Yongsan-gu Seoul Metropolitan Government, Yongsan-gu Seoul Metropolitan Government, and paid the purchase price by receiving the loan from the bank as collateral and then, if sold, there is a lot of profit, and if sold, 50 million won as the down payment.”

However, the facts are that the defendant A borrowed or sold the land of T 4 lots by conducting the land appraisal.