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(영문) 수원지방법원 안산지원 2020.02.13 2019고단3390

사기등

Text

A defendant shall be punished by imprisonment for not less than three years and six months.

Reasons

Punishment of the crime

"2019 Highest 3390"

1. Around May 2018, the criminal defendant against the victim B made a false statement to the victim of the D office operated by the defendant in Ansan-si, Sinsan-si, which reads that "I will leave the 15 foot yellow land in the member E in Ansan-si, Sinsan-si, to KRW 70 million."

However, in fact, from around 2014 to around 2016, the Defendant was designated as a fraudulent case in which 500 million won or more, such as construction contract money and material price, was not paid. Even if the Defendant received construction payment from the victim, he used considerable portion of the construction payment for the previous debt repayment and living expenses. Therefore, the Defendant did not have the intent or ability to keep the yellow house normally.

As above, the Defendant, by deceiving the victim as above, was transferred KRW 65 million in total from May 29, 2018 to the G Bank account in the name of G Bank (H) in the name of F, which had a relationship of interest from around May 29, 2018 to October 2, 2018 as indicated in the following list of crimes.

Accordingly, the defendant was given property by deceiving the victim.

Account holder of the amount of lump-sum deposit account No. 18-05-29 FG Bank H 42,00,000 won 218-06-30,000 won 318-06-30 1,000,000 won 418-08-29 6,000,000 won 6,000 won 6,000,000 won 618-29 6,000,000 won 618-29,000,000 won 618-10-10-2,002,00,000 won 22,00,000 won

2. On October 2018, the Defendant against the victim I made a false statement stating that “The victim does not have the intent or ability to normally control the house for the same reason as the foregoing paragraph (1) at the D Office operated by the Defendant located in Ansan-si, Seoul-si, the Defendant would leave 30,000 won traditional house building in KRW 160,000,000. The construction period will be up to three months.” The Defendant received a total of KRW 144,40,000 from October 23, 2018 to January 24, 2019 from the victim’s account in the F G bank (H).

Accordingly, the defendant is the victim.