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(영문) 창원지방법원 2014.12.05 2013고단2182

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

On September 3, 2010, the Defendant was sentenced to six months of imprisonment for embezzlement and two years of suspended execution at the Changwon District Court on September 3, 2010, and the above judgment became final and conclusive on September 11, 2010.

1. The Defendant, who is a neighbor, was aware of the fact that D(47 years of age) disposes of real estate and acquired it by fraud.

Around August 27, 2006, the Defendant proposed that “When he purchases land in the box to move the 39 team to the box, he may be punished by multiplying the extent of 1 to 2 years. He will purchase land on behalf of the Defendant.”

However, even if the defendant receives money, he did not think that he will purchase land on behalf of the victim.

Accordingly, the Defendant received 60 million won on the same day as the purchase price of land from the victim, and 10 million won on February 21, 2007, and acquired 160 million won in total.

2. 피고인은 등기필증을 달라고 독촉하는 피해자에게 창녕군에 있는 과수원 등지를 보여주며 땅을 샀다고 거짓말을 하며 안심시키는 한편, 피해자가 등기필증을 넘겨받을 때까지 자신의 부탁을 거절하기 어려운 처지임을 기화로 금원을 추가로 편취하기로 마음먹었다.

Around March 2009, the Defendant made a false statement that “Around the same day shall be repaid to the victim as soon as possible if he/she loans to the victim as possible if he/she is urgently required to do so.”

However, even if the defendant borrowed money, he did not have the intent and ability to repay it.

Accordingly, the Defendant received 20 million won from the victim, i.e., the victim, and acquired it by fraud.

3. On March 2, 2010, the Defendant received a criminal complaint from E with embezzlement of KRW 29 million and arrested the victim, he/she tried to acquire money by deceptioning that he/she can not receive the return rate if the victim is detained.

Accordingly, the defendant around March 3, 2010, is the victim at the investigation department and office of the Bupyeong Police Station located in the Kimhae-si, Kim Jong-si.