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(영문) 춘천지방법원 속초지원 2015.08.26 2012고단309

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. On March 22, 2011, the Defendant committed the crime against the victim C, a restaurant where it is difficult to know the trade name in Mapo-gu Seoul, Mapo-gu, Seoul. The Defendant made a false statement to the victim C, stating, “A real estate sales agent was engaged in the sale of real estate in the present time, and entered into a contract for the event of an officetel and the sale of buildings in the vicinity of the Incheon State Station. As the cost of carrying out the work is large, if it is necessary to pay money, then the Defendant will only use the money for the business and pay interest of KRW 300,000 per month, and on December 201, the Defendant would pay twice the principal by paying up to 100% of the principal and interest with the principal.”

However, in fact, the defendant was given the agreement that he would give priority to the conclusion of the sales agency contract by D, the representative of the above officetel operator, and did not conclude this contract on sales agency. Furthermore, the above officetel business was suspended from the lack of funds around November 2010, and was well aware of the fact that the business was suspended due to D.

In addition, at the time, the Defendant paid a debt of KRW 35 million without any income, and was registered as a bad credit holder from around 2004 because he was unable to pay the card price, and since the Defendant thought that the money borrowed from the victim was used for the Defendant’s living expenses, the Defendant did not have any intent or ability to repay the money even if he borrowed money from the victim.

Accordingly, the Defendant, by deceiving the victim as such, received a total of KRW 100 million from the victim on March 22, 201, KRW 10 million on March 23, 201, KRW 10 million on March 23, 2011, KRW 35 million on March 31, 201, and KRW 5 million on April 13, 201, and acquired it under the name of borrowed money.

2. On April 15, 201, the Defendant committed a crime against the victim E, at the office of the Defendant located in Seongdong-gu Seoul Metropolitan Government F on April 15, 201, provides real estate sales agency services to the victim E., and it is the Incheon youth station.