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(영문) 수원지방법원 2016.06.29 2015고단2239
사기
Text

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

However, 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

On September 18, 2014, the Defendant was sentenced to eight months of imprisonment for a crime of fraud at the method of flooding, and the said judgment became final and conclusive on October 14, 2014.

1. Fraud against the victim C;

A. On November 2007, the Defendant made a false statement at the victim’s house located in Songpa-gu Seoul Metropolitan Government, stating that “The Defendant would provide 50 million won per month when she puts 1.5 million won per month in the said fraternity.” The Defendant made a false statement on August 2009.

However, in fact, even if the defendant was to pay money from the injured party, he was planned to use the money to pay his personal debt, which he had been operating in the department store, even if he was to receive money from the injured party, and there was no intention or ability to pay the time money to the injured party.

On January 16, 2008, the Defendant, by deceiving the victim, received a total of 30 million won as shown in the annexed crime list (1) from August 15, 2009, including the remittance of KRW 10 million from the victim to the account in the name of the Defendant to the account in the name of the Korean bank on January 16, 2008.

B. On September 2009, the Defendant issued a false statement to the above victim’s house, stating that “The business center located in the Incheon Seodo-dong, Seocho-gu, Seocho-gu, Seoul, in exchange for 6 bonds of the apartment house located in the Seocho-gu, Seocho-gu, Seoul, and gave 5 bonds to the Geman-gu, but the Defendant would move to this apartment house.” On May 201, 201, the Defendant stated that “I would move to this apartment house because I would have moved to this apartment house because I would have been time to move to the house of the above victim’s house.”

However, in fact, even if the defendant received money from the injured party as provided in Paragraph (a) at the time, he was planned to use the money for repayment of his personal debt, and he did not receive the money from the defendant's third village, so even if he received the money from the injured party, the victim shall acquire the right to sell the apartment in front of that region.

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