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(영문) 인천지방법원 2015.03.19 2014고단7688
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[2014 Highest 7688] The Defendant purchased real estate while working as an insurance solicitor on or around 2011, and thereafter sold it and left-hand. However, the Defendant was unable to return so-called real estate from others, such as purchase of real estate with no particular property under one’s name, and the liabilities have already come out of the financial difficulties amounting to KRW 500 million, and there was no intention or ability to pay the principal or interest normally even if it borrowed money from the victims.

1. Victims C;

A. On August 5, 2011, the Defendant: (a) provided that “Around August 5, 2011, the Defendant would require funds to sell real estate to the victim in the vicinity of the Seo-gu Incheon, Seo-gu, Incheon, to sell real estate in the vicinity of redevelopment of the Seo-gu, Seo-gu, Incheon; (b) provided that “A loan of KRW 50,000,000 is to be repaid once a month; (c) deceiving the victim; and (d) transferred KRW 50,000 to the bank account (F) in the name of

B. On September 20, 201, the Defendant phoneed to the victim and sold the farmland of Gangwon-do, which is insufficient to purchase the farmland of Gangwon-do. If the Defendant borrowed KRW 70,000,00,000, it is false that the Defendant would first lend KRW 50,000 to several days, and would make a full payment of the amount to KRW 50,000 and interest, thereby deceiving the victim, and that it was remitted from the victim to the said E’s account.

C. On March 29, 2012, the Defendant: (a) called the victim by phone and called the victim at the place of default, and (b) received KRW 12 million from the victim to the new bank account (H) in the name of G by falsely concluding that, if the Defendant borrowed KRW 12 million, he/she would have to repay the remainder of borrowed money within one week if only the problem of crossing land is resolved well; and (c) thereby, he/she was urged by the victim to repay the victim to the new bank account (H) in the name of G.

Accordingly, the defendant acquired money from the victim by transfer of KRW 130 million from the victim.

2. On December 15, 201, the victim I Defendant “K” in Yeonsu-gu Incheon, Yeonsu-gu, Incheon, with an insurance solicitor and real estate business.

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