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(영문) 제주지방법원 2019.05.16 2018고단2842

사기

Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

1. Fraud against the victim B;

A. On April 12, 2015, the Defendant made a false statement to the victim B that “A 3 million won will be repaid by selling the house inside and outside of the house, by selling the house with his/her own money,” by selling D and telephone to the victim B.

However, the Defendant did not have any particular property or monthly profit, and 3 million won was the obligation of the Defendant, and the said real estate (Seoul-do steel building, land, and G land) was not under the name of the Defendant, but under the name of the Defendant’s father, the Defendant’s father. At the time, the first priority mortgage was established with the maximum debt amount of KRW 25 million, the second priority mortgage with the maximum debt amount of KRW 40 million was provisionally seized with the claim amount of KRW 11,405,300, and the said F and G land were seized by the State as of September 17, 2013. Thus, there was no intent or ability to repay the claim even if they were to borrow money from the victim.

Nevertheless, on April 12, 2015, the Defendant received KRW 3 million from the victim at the I account (J) in the name of the Defendant.

B. On June 13, 2015, the Defendant made a false statement to the victim that “The Defendant requested the victim to submit to the victim only once” as D, and that “the house is arranged, the thickness to be adjusted immediately, and KRW 2 million,000,000,000.”

However, the Defendant did not have any particular property or monthly profit, and 3 million won was owed to E, and the said real estate (F of Gangwon-do) was not under the name of the Defendant, but under the name of H, the father of the Defendant. At the time, the first priority mortgage, the maximum debt amount of KRW 2.5 million was set, and the second priority mortgage, the maximum debt amount of KRW 40 million was provisionally seized at KRW 11,405,300, and the said F and G land were seized by the State as of September 17, 2013. Therefore, even if the Defendant borrowed money from the victim, the intent or intent to repay it.