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(영문) 창원지방법원 2016.08.25 2016고단1901
사기등
Text

A defendant shall be punished by imprisonment for two years.

However, the execution of the above sentence shall be suspended for three years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. Fraud;

A. On March 2014, 2014, the defrauded against the Victim C was at the Defendant’s shop located in Sungwon-si, Changwon-si, Sungwon-si, Sungwon-si, and the Victim C had “E commercial building 327 is being sold,” and the Plaintiff may have the leased profit more than twice the commercial bank’s interest rate.

A false statement was made to the effect that “the Plaintiff sent the purchase price” to enable the Plaintiff to purchase a commercial building.

However, at the time of fact, the above EM No. 327 did not appear to be a product, so the Defendant had no intent or ability to engage in a sexual intercourse with the above shopping mall from the beginning, and was planned to receive the purchase price from the injured party and to use it individually.

As such, the Defendant, by deceiving the victim, received 75 million won from the victim, as the purchase price, around March 14, 2014, and acquired 75 million won from the victim.

B. On December 2014, the criminal defendant against the victim F made a false statement to the effect that “The victim F had 3130 E commercial buildings set forth in the H real estate located in Seongdong-gu, Changwon-si, Changwon-si, Changwon-si, and that “The victim F would have purchased 240 million won or more.”

However, in fact, the Defendant did not receive specific delegation from the owner of the above 3130, and even if receiving the purchase price, the Defendant did not have the intent or ability to transfer ownership by scambling the sale contract of the above commercial building, and was planned to receive the purchase price from the victim and use it individually.

As such, the Defendant, by deceiving the victim as such, determined the purchase price to be KRW 220 million, and had the victim in its possession return to the existing lessee; KRW 30 million, which is to be returned to the previous lessee, maintained the existing lease relationship after deducting the purchase price from the purchase price; and concluded a sales contract on the condition that the lessee would receive KRW 1.2 million each month; and then, the monthly rent from the lessee is pretended as if the contract was concluded on the condition that the lessee would receive KRW 1.2 million each month; and thereafter, the monthly rent is KRW 30 million on December 11, 2014; KRW 30 million on December 16, 2014; KRW 30 million on December 16, 2014; and KRW 30 million

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