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(영문) 수원지방법원 안양지원 2016.03.22 2015고단1468
사기
Text

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

Reasons

Punishment of the crime

[2015 Highest 1468] The defendant is suffering from the wife of the victim C.

Since the Defendant had a debt worth approximately KRW 250 million in around 2014, and was willing to use the money borrowed from the injured party to repay his/her debt, even if he/she borrowed money from the injured party, there was no intention or ability to pay the money normally.

On May 22, 2014, the Defendant: (a) in front of Samsung Bio-building in the direction of the king Police Station in the direction of the Gu Samsungyang-si; (b) provided the victim with the leased money due to the shortage of funds.

7.1.To pay up to 1.

“Falsely speaking, it received KRW 20 million from the damaged person to the agricultural bank account in the name of the Defendant on the same day from the damaged person, as well as remittance of KRW 20 million from that date to October 2, 2014, and acquired 90,300,000 won in total as the borrowed money from the damaged person on ten occasions, such as in the list of crimes in attached Form 10 to October 2, 2014.

[2016 Senior 55] The defendant is a person who has served as a secretary of a certified judicial scrivener office.

1. On October 15, 2014, the Defendant is liable for the said land by participating in an auction on two parcels of land, including “Yeman-si 602 square meters before E and F reply 469 square meters,” by telephone to the victim D.

In order to obtain an auction, a false statement was made to the effect that the bid bond is required, and thus, the remittance of KRW 6.7 million is required.

However, even if the defendant receives money from the injured party, the money was thought to be used for office operation expenses or living expenses, etc., and did not have the intent or ability to allow the injured party to win the land by participating in the auction of the above land.

The defendant deceivings the victim as above and acquired 6.7 million won from the victim to the agricultural bank account in the name of the defendant under the name of the defendant as a bid deposit on the same day.

2. On October 28, 2014, the Defendant: (a) around October 28, 2014, sold land from auction by telephone to the victim in advance.

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