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(영문) 대구지방법원 경주지원 2018.08.22 2017고단690
사기등
Text

A defendant shall be punished by imprisonment for not less than four years and six months.

An application for compensation order shall be dismissed by an applicant.

Reasons

Punishment of the crime

[2017 Highest 690] The Defendant was sentenced to imprisonment for fraud at the Daegu District Court on May 28, 2009, and completed the execution of the sentence at the Daegu Prison on May 13, 2010.

[Criminal facts]

1. Fraud;

A. On July 15, 2010, the Defendant against the victim E, in the G real estate office operated by the Defendant on the racing-si on July 15, 2010, if the Defendant borrowed KRW 20 million to the victim E, with the benefit of paying the down payment of KRW 20 million, and additionally lends KRW 3 million to the victim E, he/she shall receive the full payment.

“A false representation was made.”

However, in fact, the Defendant did not have any intention or ability to pay the borrowed money normally to the victim, even if he/she borrowed money from the damaged party, on the other hand, he/she did not have any specific income from the personal debt amounting to KRW 1.7 billion.

The Defendant received 23 million won on the same day as land down payment and guard from the damaged person.

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

B. On October 2010, the Defendant, along with I, intended to purchase the victim H with the victim’s “the above K pent in KRW 50 million” to the victim in the K penta in the management of the victim H in Young-gun, Young-gun, Young-gun.

At the latest, from November 2010 to December 12, 201, it will be sold without a mold.

In order to sell and purchase, it is necessary to pay Liby Fund first, and it will be deducted from the real estate fee after receiving a loan as security.

“A false representation was made.”

However, in fact, the Defendant did not know at all of the persons who had the intent to purchase the above gate, and the personal debt amounting to KRW 1.7 billion at the time as described in the above A. On the other hand, even if the Defendant did not receive the funds from the injured party, he/she would act as a broker for the purchase and sale of the gate or as a normal repayment of the borrowed funds to the injured party.

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