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(영문) 서울서부지방법원 2013.09.25 2013고단658

사기등

Text

1. The defendant is punished by imprisonment with prison labor for one year for a crime of fraud (2013 Highest 658), and the remainder of the crimes as indicated in the judgment below. < Amended by Act No. 1514, Mar. 2, 1998>

Reasons

Punishment of the crime

[criminal power] On December 28, 2007, the Defendant was sentenced to ten months of imprisonment for fraud, etc. at the Seoul Western District Court (Seoul Western District Court) on November 28, 2008, and was provisionally released from the first prison of the North Western Northern Branch on November 28, 2008 (the expiry date of the sentence). On February 9, 201, the same court was sentenced to five months of imprisonment for an injury, and the execution of the sentence was completed on July 10, 201 at the Seoul Southern Branch on July 10, 201, and on May 31, 201, the Seoul Western Branch District Court sentenced two years of suspension of the execution of the sentence to eight months of imprisonment for fraud, which became final and conclusive on June 8, 2012.

◀2013고단658 피고인은 서울 은평구 D 상가 129동 201호에서 ‘E공인중개사 사무소’를 운영하면서 2009. 9.경 피해자 F 소유의 서울 은평구 G 토지 및 건물을 3억 1,000만 원에 매도하는 계약을 중개하였다.

Around September 30, 2009, the Defendant made a false statement that “Around September 30, 2009, the Defendant has the right to sell D apartment units to the victim” at the non-luminous post office located in the Eunpyeong-gu Seoul Metropolitan Government, stating that “Around September 30, 2009, the Defendant may make payments with a lot of profits attached to the right to sell D apartment units. Therefore, the Defendant may lend the money received as down payment and intermediate payment. It shall be paid KRW 100,000 as interest within 40 days.”

However, even if the defendant borrowed KRW 100 million from the victim, the defendant did not have any intention or ability to return it with the interest of a large amount of KRW 10 million within 40 days.

As such, the Defendant, by deceiving the victim, received KRW 100,00 from the victim's cashier's checks in the same place, and fraudulently acquired them.

◀2013고단1532

1. On April 2, 2013, the Defendant: (a) around 01:30 on April 2, 2013, the victim I (33 years of age) of Eunpyeong-gu Seoul Metropolitan Government H and fourth was aware of the fact that there was about 10 minutes in front of the front door door of the rooftop entrance; and (b) the victim’s head was taken hand on hand on the wind; (c) the victim’s head was taken hand on hand; and (d) the victim’s buckbucks that require approximately two weeks of treatment.