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(영문) 부산지방법원 동부지원 2019.02.14 2018고단1854
사기
Text

A defendant shall be punished by imprisonment with prison labor for four months.

Reasons

Punishment of the crime

On May 4, 2016, the Defendant purchased apartment units jointly with the victim B, made an investment by selling them, and made an investment by selling them with the remaining devices, but thereafter, the Defendant had the obligation to settle KRW 5,00,000 against the victim, and thereafter, there was a debt of KRW 8,296,70 in total due to the debt of KRW 3,296,70 in the amount borrowed from the victim and failed to repay.

피고인은 2016. 6. 17경 부산 해운대구 C아파트 D 앞에서 피해자에게 “부산 시청역 쪽에 있는 E 분양권을 매입하였으니 분양권 매입 대금 3,150만 원을 빌려주면 위 분양권을 되팔아 그 대금으로 그 동안의 채무를 포함하여 5,000만 원을 갚아주겠다. 만약 분양권이 잘 팔리지 않더라도 내가 지금 살고 있는 C아파트 60평대 아파트를 소유하고 있고 세종시, 원주시, 포항시에도 분양물건 4개를 가지고 있고 현재 가지고 있는 롤렉스 시계 2개만 팔아도 충분히 갚을 수 있다.”라는 취지로 거짓말을 하였다.

However, at the time of fact, the Defendant was unable to make a profit by purchasing the right of sale, and C apartment was not the ownership of the Defendant, and even if it was difficult to borrow the money from the victim because of the lack of any revenue or property, it was thought that it was used in a place other than purchase of the right of sale, but it was not possible to use it in a place other than purchase of the right of sale.

Despite that, on June 20, 2016, the Defendant: (a) by deceiving the victim; and (b) transferred KRW 23,500,000 to the G bank account (H) of the Defendant’s her fatherF to the G Bank account; and (c) received KRW 8,00,000 in total from the same account around June 21, 2017 and received KRW 31,50,000,000 from the said account.

Summary of Evidence

1. Partial statement of the defendant;

1. Examination protocol of the accused by prosecution;

1. Legal statement of the witness B;

1.Each.

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