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(영문) 대구지방법원 안동지원 2013.06.20 2012고단1263
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

However, the execution of the above punishment shall be suspended for three years from the date of the final judgment.

Reasons

Punishment of the crime

On April 2005, the Defendant came to know of the victim D who operated C with the introduction of the branch person around 2005 and maintained her friendship. On September 2005, the Defendant introduced G that was newly constructing the “F” in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

Around November 18, 2005, the victim received a request from G to lend money for construction costs, and issued KRW 70 million to G, and around December 28, 2005, the victim issued a proposal from G to “to make an investment in obtaining a successful bid for H apartment, return the principal within 15 days after the successful bid for the apartment, and give KRW 50 million out of the amount of KRW 70 million lent to G to the existing company, with a view to converting the amount of KRW 50 million out of the amount of KRW 70 million lent to G into the investment amount, on January 12, 2006, and around January 24, 2006, G invested KRW 30 million in total by granting KRW 70 million to G, and around February 27, 2006.

Since then on March 10, 2006, the victim was returned KRW 50 million out of the above investment funds from G and the remainder of the investment funds and profits were not returned.

Around April 2006, the Defendant: (a) at the above office of “C”, the Defendant, despite having no intent or ability to collect the victim’s claim for investment in G, sent to the victim a notice of assignment of claims to the effect that “The victim will transfer the victim’s claim for investment in G with the amount of KRW 250,000,000,000,000 and KRW 20,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won, to the victim’s false statement that “The Defendant would receive money from the victim by transferring the claim directly to the D president,” with the consent of the victim, and the victim would transfer the victim’s claim for investment in G with the consent of the victim.

On June 6, 2006, the Defendant stated to G that “The Defendant would have received the investment bond from D and thus would have given D money to D,” and that the Defendant would face value 2.

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