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(영문) 인천지방법원 2019.05.08 2019고단1182
사기
Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

Reasons

Punishment of the crime

On November 23, 2018, the Defendant was sentenced to imprisonment with prison labor for one year and ten months for fraud, and the said judgment became final and conclusive on March 29, 2019.

The Defendant is a person who has operated a real estate brokerage office in Yangcheon-gu Seoul Metropolitan Government.

On February 2, 2016, the Defendant concluded that “If the Defendant lent KRW 20,00,000 to the victim D who became aware of as a customer, the Defendant purchased the said money with the money and divided the profits into half, and the principal will be paid.”

However, the Defendant secured the real estate at a higher price prior to this, and borrowed money from other persons to sell it at a higher price. However, if there is no purchaser of the real estate purchased or there is no intention or ability to repay the borrowed money on a timely basis to the victim, even if the Defendant borrowed money from the victim under the above pretext, there is no intention or ability to pay the funds on a timely basis to the victim, because there is no purchaser of the real estate or the transaction of the purchased real estate is likely to cause damage to the wind or cause a decline in the price due to the change of the real estate policy.

As above, the Defendant seems to have taken account of the following: (a) from the time to October 12, 2016, the Defendant, including deceiving the victim as above and remitting KRW 20,000,00 to the E Bank account under the name of the Defendant on the same day, from that time, until October 12, 2016: (b) the date and time (i) No. 18,19, and 20 attached Table of the indictment in attached Table of the List of Crimes (hereinafter referred to as “No. 6, Apr. 6, 2016”; (c) “ April 12, 2016”; and (d) “No. 27, 2016” to each “no. 20, May 6, 2016; (e) May 12, 2016”.

(Evidence Records 19,22 pages). A total sum of KRW 330,379,920 was remitted over 29 times as described above.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to D by the police;

1. Judgment.

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