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(영문) 서울북부지방법원 2019.10.17 2019고단2764
사기
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Criminal facts

[2019 Highest 2764]

1. On August 19, 2008, the criminal defendant against the victim B told the victim B to be awarded a successful bid for high-profit commercial buildings at a restaurant where the address and trade name in the 4-dong, Gangnam-gu, Seoul Metropolitan Government (U.S.) are unknown.

However, even if the defendant has no knowledge and experience in real estate auction and has invested money from the victim, he/she did not have the intent or ability to get a successful bid to the victim.

Around August 19, 2008, the Defendant, by deceiving the victim, received KRW 1,00,000 from the victim’s account under the name of the Defendant and received KRW 1,00,000 from around that time to June 22, 201 by the same method over a total of 42 times, such as the list of crimes in attached Table 1.

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

2. On December 14, 2009, the criminal defendant against the victim D stated that "if he/she has worked in an auction company in Seoul Special Metropolitan City, Nowon-gu, the defendant will be awarded a successful bid at the defendant's house located in Seoul Special Metropolitan City, Nowon-gu E apartment F, and if he/she invests money in the auction company in Seoul Special Metropolitan City, he/she will be awarded a bid at 53 square meters of H apartment at the market price of Nowon-gu, Seoul Special Metropolitan City."

However, even if the defendant has no knowledge and experience in real estate auction and has invested money from the victim, he did not have the intention or ability to get the above apartment auctioned by the victim.

Around December 14, 2009, the Defendant, by deceiving the victim as such, received KRW 135,100,000 from the victim, a sum of KRW 110,000,000 from around that time to October 6, 2010, by the same method as shown in the attached Table 2, as shown in the list of crimes, from around December 14, 2009.

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

[2019 Highest 3314]

1. A victim;

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