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(영문) 의정부지방법원 고양지원 2019.07.18 2019고단729

사기

Text

Defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

1. On May 9, 2011, around May 4, 2011, the Defendant: (a) stated that “A” in the “A” restaurant in Gyeonggi-si, Gyeonggi-si, owns land at a horizontal level; (b) the land is provisionally attached to file a lawsuit due to inheritance issues; and (c) KRW 200 million is required to smoothly resolve the property. If a lawsuit is lent KRW 200,000,000,000 is terminated, provisional attachment is cancelled and the money is paid immediately after selling the land.”

However, the answer to E does not have been provisionally seized due to the litigation between the siblings, and the market price is approximately KRW 5.6 million, and the maximum debt amount is already KRW 1.5 million in financial institutions, the maximum debt amount is KRW 1.5 million in the loan principal, and the mortgage amount of KRW 5.2 million in the loan principal is not substantially valuable, and the monthly income is paid KRW 3 million in the loan of money from the victim as it is merely KRW 3 million in the monthly income, and there was no intention or ability to repay the money from the victim.

As above, the Defendant, by deceiving the victim, received 200 million won from the victim to the account under the name of the Defendant on the 9th day of the same month, and fraudulently acquired it.

2. Around July 19, 2011, the Defendant, around July 15, 2011, declared that, “Around July 15, 2011, the Defendant sold the land immediately if he/she borrowed KRW 50,000 to supply the land with the pre-sale bank,” at the cafeteria of G located in F in Gyeonggi-si, Gyeonggi-si, and that, “I would sell the land immediately if I want to sell it.”

However, even if the defendant borrowed money from the victim as above, the defendant did not have the intent or ability to repay it.

As above, the Defendant, by deceiving the victim, received 50,000 won from the victim to the account under the name of the Defendant around the 19th of the same month, and fraudulently acquired it.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police with D 1.