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(영문) 인천지방법원 2016.09.08 2016고단4232
사기
Text

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

Reasons

Punishment of the crime

"2016 Highest 4232"

1. Around September 2012, the Defendant made a false statement to the victim E, a workplace partner, at the Nonghyup Bank D branch, the Defendant’s employees located in Nam-gu Incheon Metropolitan City, that “The previous wife was admitted to the Yeonsu Police Station in fraud, and the other party demanded the agreement. If the problem is resolved by agreement with the other party, the agreement with the former wife may be combined. If the agreement is leased, the agreement may either dispose of the land at the level of strengthening the agreement, or selling the right to sell the purchase price of 50 million foot apartment apartment in Songdo-gu, Incheon.”

However, there was no fact that the Defendant’s front wife was in fraud, and thus, the Defendant did not hold the right to sell the land or the right to sell an apartment house in the Songdo City. The Defendant was expected to engage in the horse gambling with approximately KRW 200 million borrowed money from the said victim while he was unable to do so, so even if he borrowed money from the victim E, the Defendant did not have any intention or ability to repay the money.

Nevertheless, on October 4, 2012, the Defendant deceiving the above victim and received 12 million won from the victim E to the Defendant’s national bank account (Account NumberF) on October 4, 2012, and received 96 million won in total over 18 times from July 11, 2012 to December 18, 2012, as shown in the attached crime inundation (1).

"2016 Highest 4602"

2. On March 31, 2012, the Defendant made a false statement that “The Defendant would dispose of the land at the level of reinforcement, or sell money with the right to sell 500 million won (50,000 won) of the Songdo apartment apartment, Songdo-si, Incheon, to the victim G, who was a student-friendly district and a workplace club, with a view to strengthening the land. If it is necessary to dispose of the inherited property, the Defendant would sell the land at the level of reinforcement, or repay the money to the Defendant.”

However, the defendant was not in need of money to dispose of his property at the time, and the defendant was also in need of reinforcement.

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