beta
(영문) 대구지방법원 2018.03.22 2018고단65

사기

Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

1. Fraud against the victim C;

A. On July 2016, the defrauded of the price related to real estate D, Kimcheon-si, the Defendant, knowing that the injured party paid the down payment and the intermediate payment to purchase the victim C’s 409 square meters of the land D Kimcheon-si, but he was at a risk of losing the down payment, etc. due to the failure to pay the balance, and, on December 2016, he made a false statement to the victim, the Defendant would receive the down payment and the intermediate payment from the E president if he/she moves over to the E president who has gathered the land D in Kimcheon-si, Kimcheon-si.

However, in fact, the defendant had no intention or ability to pay the above money to the victim because he thought that he would use the purchase price of land E due to insufficient living expenses, gambling funds, etc. at the time.

As such, the Defendant, upon deceiving the victim to buy and sell the land on or around December 29, 2016, shall be required to purchase the above land by E, and around December 30, 2016, transferred KRW 20 million from E to the Daegu Bank Account (G) account in the name of the Defendant’s wife to the Defendant’s Daegu Bank Account (G) and did not notify the victim and used it as the Defendant’s living expenses, etc. as well as using it as the Defendant’s living expenses, etc. as the registration expenses for the above Kimcheon-si real estate in the above Kimcheon-si, the same year as the part of the part of the real estate in Kimcheon-si.

1.24.2 million won;

1. 31.7 million won;

2. The sum of KRW 46 million, including KRW 7 million, was remitted to the Daegu Bank Account in the name of the said F.

B. Around October 2016, the Defendant acquired H’s claim collection money, with the knowledge that the victim has not borrowed and has not received 21 million won to H, thereby making a false statement to the effect that “to receive the said money.”

However, in fact, even if the defendant collected claims against the victim H due to lack of living expenses, gambling funds, etc. at the time, the defendant did not have any intention or ability to pay the above money to the victim.

The Defendant, as such, deceiving the victim, thereby collecting the claim by the victim.