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(영문) 대구지방법원 포항지원 2019.08.29 2019고단432

사기

Text

The punishment of the accused shall be determined by a year of imprisonment.

Reasons

Punishment of the crime

The Defendant is a person who works as a brokerage assistant in South-gu, Seoul as well as in South-gu, Seoul.

1. On July 11, 2017, the Defendant, at the above real estate office, made a false statement to the victim D, stating, “Esan mountain (e.g., g., g., e., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g., g.,

However, even if the defendant received money from the victim, he did not think that he would use it as investment funds for redevelopment projects being implemented by G, which is the defendant, for personal purposes such as living expenses.

The Defendant received, from the victim, the sum of KRW 5 million on the same day, KRW 3 million on July 25, 2017, KRW 10 million on August 3, 2017, KRW 2 million on or around August 12, 2017, and KRW 80 million on or around the said H Bank account to the said H Bank account on or around August 21, 2017.

2. On September 2017, the Defendant, in the name of auction proceeds, made a false statement to the victim of the above real estate office that “If the Defendant borrowed the factory site to the J during the period of up to 50 million won, he/she would pay the principal to the money disposed of after being awarded a successful bid for the factory site and pay the principal amount of KRW 30 million under the name of honorarium for the compensation.”

However, even if the defendant receives an auction price from the victim, he did not intend to pay the victim's money by participating in the auction only when he thought that he would use it as investment funds or for personal purposes, such as living expenses, and did not intend to pay the victim's money by winning the auction.

The defendant is against the victim on September 19, 2017.