(영문) 서울중앙지방법원 2020.02.18 2019고단4300

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(영문) 서울중앙지방법원 2020.02.18 2019고단4300

사기등

Text

Defendant

A Imprisonment for a period of two years and six months, each of the defendants B and C shall be punished by a fine of five million won.

Defendant

B and C above.

Reasons

Criminal facts

[Defendant A] 2019 Highest 4300 [Defendant A]

1. Fraud against victim D;

A. In October 2018, the Defendant, who was the attorney’s appointment fee, told the Defendant to the effect that, at the Defendant’s residence in Gwanak-gu, Seoul Special Metropolitan City E Apartment F, the Defendant was an apartment unit that was sold to the Plaintiff in Kakao Kakao-si, Gyeonggi-do, and that, at the same time, the apartment unit is problematic and the attorney should be appointed. If the attorney’s appointment fee is lent, it would be repaid without the mold.”

However, even if the Defendant borrowed money from the victim, it was thought that it was used for the Internet gambling game without using it for the cost of attorney appointment, and there was no intention or ability to repay the borrowed money.

Accordingly, the Defendant acquired 3 million won by transfer from the victim to the G bank account in the name of the Defendant on October 15, 2018.

B. Around April 18, 2019, the Defendant, in the name of the part payments of real estate, concluded a contract for H apartment with the victim’s residence using the Kakakao messages to the effect that “The Defendant paid KRW 130 million as the down payment with the name of the Gyeonggi-do Seongdong-do and the down payment. In addition, the part payments shall be paid KRW 380,000,000,000,000,000,000,000,000,000,000,000,000,000

However, the defendant did not have a H apartment under the name of the defendant in Gyeonggi-do, and even if he borrowed money from the victim, he did not have an intention or ability to repay it.

In this respect, the defendant is the victim of the same damage.

4. around 26.26. Around the same year, the transfer of KRW 50 million to the G bank account in the name of the Defendant, including the receipt of the transfer.

6. By November 1, 200, a total amount of KRW 132 million was remitted and acquired through money in total five times, such as the statement in the annexed list of crimes 1.

2. The criminal defendant who committed fraud against the victim I is at the residence of the above defendant around April 12, 2019.

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