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(영문) 울산지방법원 2020.05.20 2019고단2516

사기등

Text

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

Reasons

Punishment of the crime

[2019 Highest 2516] On May 2017, the Defendant prepared a letter stating “C” on the Internet B Kapet, operated by the Defendant, and came to know with the victim E who contacted the statement.

On June 15, 2017, the Defendant issued a false statement to the victim that “The value of the land shall be KRW 540,000,000 per unit and KRW 27,000,000 per unit shall be divided into 20,000,000,000,000,000,000. On the other hand, if 10 old accounts are gathered, the Defendant would enter into a land contract. If the investor is more than 7 old accounts and more than 3 old accounts, it would be necessary to enter into the contract, and it would be more than 100,000 old accounts.”

However, the defendant did not have received the investment from other investors, and even if he received the investment money from the victim, he did not have the intention or ability to normally proceed with the sale and purchase of the land.

As above, the Defendant, by deceiving the victim, received KRW 3 million from the victim on June 15, 2017, KRW 3 million on June 19, 2017, KRW 300,000 on June 19, 2017, and KRW 30 million on June 29, 2017 from the Busan Bank account under the name of each Defendant.

Accordingly, the defendant deceivings the victim and obtained a total of 36 million won.

[2019 Highest 3883] Around January 23, 2019, the Defendant made a false statement to the effect that “The purchase will be made by dividing approximately 350 square meters among K in Ulsan-gun, Ulsan-gun, Ulsan-gun, so that the purchaser may buy the above land by dividing it, and the purchaser is already determined. Of which, one of them is found, there is a person to purchase one parcel of land. When paying KRW 3 million, the Defendant would deliver it to the landowner so that the sales contract can be concluded immediately by delivering it to the landowner.”

However, even if the defendant receives money from the victim, he only thought that he will use it for the repayment of existing debts or living expenses, etc., to the landowner.