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(영문) 수원지방법원 2013.09.26 2013고단1444

사기등

Text

A defendant shall be punished by imprisonment for two years.

The charge of fraud on or around February 201, among the facts charged in the instant case is not guilty.

Reasons

Punishment of the crime

1. Fraud;

A. On January 201, 2010, the defrauded: (a) around December 2010, the Defendant expressed that “Around December 2011, the Defendant is conducting an auction for the E Apartment 49 households in e-mail, and F exercises a lien in connection with this auction. If F makes an investment of KRW 300 million to F, F would arrange a lien and establish a corporation and be awarded a successful bid for E- Apartment. Afterward, the Defendant was awarded a successful bid for E- Apartment in the name of a corporation and borrowed KRW 600 million from a financial institution as security, the Defendant would offer the amount of KRW 300 million out of the loan.”

However, even if the defendant received KRW 300 million from the victim, the defendant did not intend to make an investment in full to F.

Around January 201, the Defendant had the victim deposit KRW 300 million in the Han Bank account (H) with G, and followed, G deposited KRW 100 million in the Agricultural Cooperative account in the name of the victim on January 201, 201, and then invested KRW 2,153,000,000,000,000 in total, for incorporation of a corporation, including KRW 2,07,847,00,00,00 in the name of the victim on January 28, 201, and then acquired the Agricultural Cooperative account in the name of the victim on an irregular means, and then withdrawn KRW 10,00,000,000 among them, and invested in F.

Accordingly, the defendant deceivings the victim and defrauds the victim of KRW 200 million.

B. Around February 2012, the Defendant stated that the Defendant would pay KRW 10 million to the said victim D, which was around February 2012, that the Defendant paid to the said victim D. In March 2012, 2012, the Defendant would pay the said money.

However, the Defendant did not have any intention or ability to repay the amount borrowed from the victim because the amount of money was 32 billion won per month interest, which was the only hospital of the Defendant at the time, and the amount was 50 million won by J, which was the only hospital of the Defendant.

The defendant was issued KRW 10 million from the victim in time of emergency.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

2. The Defendant’s embezzlement time around November 2010.