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(영문) 서울중앙지방법원 2019.05.30 2018고단7274
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around May 18, 2016, the Defendant made a false statement to the effect that “If D apartment is leased KRW 25,000,000,000 as D apartment is required, D apartment is awarded a successful bid, the Defendant would pay 32,00,000,000 won to the principal by selling the said apartment after receiving a successful bid,” and that “When D apartment is leased KRW 25,00,000,000,00 to the victim’s convenience store outside the convenience store located in Seocho-gu Seoul Metropolitan Government.”

However, in fact, the defendant did not have any particular property or income and had approximately KRW 30,000,000 debt, and even if he borrowed money from the victim, he thought that it would be used as the living expenses of the defendant, and did not think that it was used as the bid bond for the apartment, and therefore, he did not have any intention or ability to repay the money from the victim.

around May 18, 2016, the Defendant received 25,000,000 won from the victim under the name of the Defendant’s account as the borrowed money.

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

2. Around September 30, 2016, the Defendant called the victim C by phoneing the victim C from the Habon (Seoul Mapo-gu Seoul Habman) on September 30, 2016, and falsely stated to the effect that “The amount of KRW 1,00,000,000 to the company’s account located at the beginning of October,” and the amount of KRW 130,000,000 to the company’s account when entering the company’s account is KRW 15,000,000. When lending KRW 15,00,000 to the company’s account, the Defendant would repay all at once.”

However, there was no particular property or income, and there was a debt of 30,000,000 won, and even if the company received fees from the company, it was thought that it would be used as the defendant's living expenses, etc., so even if the company borrowed money from the victim, it did not have any intent or ability to repay it at that time.

On September 30, 2016, the Defendant received 15,000,000 won from the victim under the name of the Defendant’s account as the borrowed money.

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

Summary of Evidence

1. The defendant;

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