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(영문) 부산지방법원 2017.08.29 2016고단5469

사기

Text

Defendant

A Imprisonment with prison labor of one year and eight months, and Defendant B shall be punished by imprisonment with prison labor of six months.

Defendants are jointly and severally liable.

Reasons

Punishment of the crime

[criminal records] Defendant A was sentenced to imprisonment with prison labor on January 20, 2017 and the judgment became final and conclusive on February 1, 2017.

"2016 Highest 5469"

1. On December 4, 2015, Defendant A made a false statement to the victim E in H coffee shop located in G, Kimhae-si, Kim Jong-si, stating, “The victim, who purchased this land and changed the purpose of use, made profits equivalent to KRW 100 million if he/she purchased soil, stones, trees, etc. that he/she had taken after cutting san from it, may take profits equivalent to KRW 100 million if he/she sold them, and he/she may take three times within one year from considering it as the value of real estate investment.” The Defendant B made a false statement to the effect that “There is no such land, but it is too good that other persons would enter the contract, because it is too soon as possible without entering into the contract.”

However, the defendants thought that they would use the money received from the injured party as the purchase fund of the above real estate without their intent to use it as their debt repayment.

As can be seen, the Defendants deceiving the victim as such and deceiving the victim, and the Defendants up to December 5, 2015 KRW 3 million from the victim, and the same month.

8. The amount of KRW 17 million and KRW 20 million on 14.2 million on the same month were transferred to each of the Defendant’s national bank accounts in each of the Defendant B and acquired the total amount of KRW 40 million.

As a result, the Defendants conspired to attract the victim to receive the goods.

2. On the end of December, 2015, the Defendants’ fraud against the victim D told the victim at a location below Busan, the end of December, 2015, that “the victim purchased a cosmetic business with us as well as a cosmetic business defect, each of which is different, and at the same time the business defect is located.” Defendant B made a false statement to the victim at a location below Busan, the end of February 21, 2016 after Defendant A and the Plaintiff called “a joint purchase of a house located below Busan, the down payment is required for KRW 30 million.”

However, in fact, the down payment of the above house was KRW 18 million, and at the time the defendants are liable for the debts.