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(영문) 의정부지방법원 고양지원 2017.06.30 2015고단3395

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal history] On October 2, 2015, the Defendant was sentenced to a suspended sentence of two years in August 2, 2015, due to a crime of violation of road traffic law (unclaimed measures after an accident) at the Goyang Branch of the Jung-gu District Court. The judgment became final and conclusive on October 10, 2015.

[Criminal facts]

1. On December 2012, at the office of the regional housing association located in Nam-gu Busan Metropolitan City, the Defendant made a false statement to the victim E, stating that “The Defendant is the representative of the (ju) F of the regional housing association of the DB, which is the agent of the DB, and will complete payment of KRW 100 million,00,000,000 to June 30, 2013, which is six months after the Jeju-gu project is short of the project funds, and would allow the removal work to be completed, and if so, deliver a certificate of full payment of apartment for security in preparation for the event that the money is not repaid.”

However, in fact, the defendant did not have any property or income other than 5 million won of the rental apartment deposit at the time, and the above stock company F did not have the registration of housing construction business under the Housing Act and did not obtain the permission from the competent Gu office, so there was no intention or ability to repay to the victim through the housing construction business.

The Defendant, by deceiving the victim as such, received KRW 35 million in cash from the victim on January 5, 2013, and received KRW 75 million in total from the foreign exchange bank account in the above F on January 8, 2013, including transfer of KRW 35 million to the said foreign exchange bank account on or around January 8, 2013.

2. On March 10, 2014, the Defendant made a false statement to the victim, stating that “If the electricity charge is unpaid, it shall be repaid within one week, if the Defendant borrowed five million won per share.”

However, in fact, the defendant did not have any property or income other than 5 million won of the rental apartment deposit at the time. The defendant did not have any intent or ability to pay the money even if he borrowed the money from the damaged party because he did not pay the telephone fee, etc. of the model house managed by the defendant.

The Defendant, as such, deceiving the victim and deceiving the victim, shall be the national bank account in the name of the said regional housing association from the damaged person.