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(영문) 대전지방법원 홍성지원 2017.11.14 2017고단613

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On October 9, 2008, the Defendant called the victim D at an insular location, and tried to build a commercial building of the first and fifth floor underground in Seoul New Forest dong.

If this investment is made after the completion of the commercial building, two stores with a good location equivalent to the total market value of 2,700,000,000 won will be made.

“A false representation was made.”

However, in fact, the defendant did not have any plan to build a commercial building in the Gwanak-gu Seoul Special Metropolitan City, and only thought that he would use the money received from the injured party for living expenses, and even if he received the money from the injured party, he did not have the intent or ability to offer two places to the injured party.

Nevertheless, the defendant deceiving the victim as above and transferred KRW 170,00 from October 9, 2008 to the Agricultural Cooperative Account (Account Number: E) in the name of the defendant as well as KRW 7,360,000 in total from June 10, 2009 to June 10, 2009.

After all, the Defendant, by deceiving the victim, received property from the victim.

2. When the Defendant received an inquiry from the victim D about the progress of the construction of the above commercial building, the Defendant had the victim pretended that he would acquire the above commercial building in the Seoul Gwanak-gu Office, Seoul, with the intention of leading the time and receiving additional money from the victim.

Accordingly, on April 2014, the Defendant called the victim at the place of the early police station in order to create a welfare center by purchasing the commercial building from the malicious Gu office.

At present, the building is included in the name of father, and in order to receive proper compensation from the Maak-gu Office by inheritance, the cost of legal procedures, such as the cost of solving lien or notarial acts, is required.

It is intended to divide the compensation of KRW 1,700,000 among the compensation of KRW 3,400,000,000 that will be paid later on the investment of necessary expenses.