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(영문) 서울중앙지방법원 2015.08.21 2014고합1027
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

1. Fraud;

A. A. Around December 15, 2008, the Defendant made a false statement to the victim D, stating, “I would pay 30 million won as soon as possible if I lend her money to the victim D.”

However, even if the defendant borrowed money from the victim because of economic difficulties, the defendant did not have the intention or ability to repay it.

Nevertheless, the defendant deceivings the victim as above and acquired 30 million won from the victim.

B. Around February 24, 2009, the Defendant made a false statement to the victim stating that “A person shall pay 10 million won, if he/she lends 10 million won to the victim.”

However, even if the defendant borrowed money from the victim because of economic difficulties, the defendant did not have the intention or ability to repay it.

Nevertheless, the Defendant, as seen above, by deceiving the victim and by deceiving him from the victim to the passbook E in the name of the victim, acquired KRW 10 million from the victim.

2. The Defendant, on June 11, 2009, entered into a sales contract for the attached list of real estate in the column of “G coffee shop,” “Agreement,” “(A),” “(A),” “(B), and “B” and “J” on the attached list of real estate in the column of the parties’ column by means of a computer in advance, shall be agreed to recognize and implement the following matters: “1. The sales price for the above real estate for the sale purpose of the sale is KRW 30 million; (b) and J purchased the above real estate; and (c) and the transfer income tax on the said real estate shall be paid in full by the Party’s column; and the payment period shall be until December 30, 209.”

The transfer income tax rate of KRW 565,511,90 in total for the sum of the compensation amounts of KRW 565,51,90 in the Gangseo-gu, Busan, K and ground buildings and L, M, and N, shall be the total payment rate, and the payment period shall expire on July 30, 2009. The payment period shall expire on July 30, 200.

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