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(영문) 광주지방법원 2019.07.17 2018고단854

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

[Criminal Power] The defendant was sentenced on April 16, 2009 to imprisonment with prison labor for not more than one year and six months and ten months for fraud, etc. at the Jung-gu District Court on April 16, 2009

7. 9. The judgment becomes final and conclusive, and is sentenced to two years for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Misappropriation) in the Goyang Branch of the Jung-gu District Court on June 4, 2010 and sentenced to two years.

8.28. The judgment became final and conclusive.

【Criminal Facts】

1. On March 25, 2008, the Defendant entered into a false loan fraud of KRW 20 million, stating that “The Defendant would pay money within 2-3 days if he/she lends money to the Defendant at the cost of attorney-at-law of his/her mother in order to pay money to the Defendant at the cost of his/her mother’s attorney-at-law.”

However, even if the Defendant borrowed money to the victim, he did not have any intention or ability to repay the money within the period agreed.

The Defendant, as such, by deceiving the victim, received KRW 20 million from the victim as the borrowed money in the same place.

2. The Defendant, at around 19:00 on the same day, entered into a mutual infinite house located in Gyeyang-gu, Gyeyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, stating that “The Defendant is responsible for the construction and sale of the F apartment newly constructed in Goyang-si, Goyang-si, the Defendant would purchase five apartment units within a week, if the construction cost falls short of the construction cost, and if so, the Defendant would purchase five apartment units within a week.”

However, even if the defendant receives money from the victim as the name of the purchase price of apartment sale right, he did not have the intention or ability to give the victim the right to purchase within one week

The Defendant, by deceiving the victim as such, received KRW 200 million from the victim under the pretext of the purchase price of the right to sell in lots, and by allowing the Defendant to transfer KRW 60 million to the account in the name of G, the creditor of the Defendant, the sum of KRW 260 million.

3. The Defendant’s fraud of a gold of KRW 130 million on March 26, 2008 at the I Lestop, Hayang-si around 14:00 on March 26, 2008.