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(영문) 청주지방법원 2012.01.13 2011고단1892
사기
Text

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

The defendant shall pay 7,500,000 won to the applicant for compensation by deceit.

Reasons

Punishment of the crime

On January 26, 2010, the Defendant decided to purchase and sell the E-building 701, the building owned by DaD, and entered into a sales contract with F, the representative director of the said company, on the condition that the Defendant takes over five billion won of the amount of debts, such as provisional attachment, collateral security, and chonsegwon established in the said building, the down payment of 30 million won on January 29, 2010, the intermediate payment of 70 million won on March 10, 2010, and the remainder of 200 million won on March 30, 2010. However, on February 25, 2010, the Defendant acquired the said building on February 25, 2010, on the condition that the Defendant did not have the ability to buy and operate the said building, and acquired the said building through G, H, etc., and acquired the deposit money, under the pretext of the Defendant’s intent to acquire and manage the money by deceptioning the lessee.

1. Around February 2, 2010, the Defendant committed the crime against the victim I made a false statement to the victim at the “K’s Licensed Real Estate Agent Office located in the Chungcheongbuk-gun Court of Justice, stating that “A soup will open up until February 28, 2010, but a deposit of KRW 40 million will be leased out of soup.” As to the deposit, the Defendant would be able to set up against the petitioner-owned building L, which is a building within the country.”

However, the fact was that it was difficult to purchase and operate a private house or building as above, and there was no intention or ability to set up a security for the deposit to the victim.

The Defendant, by deceiving the victim as such, received KRW 8 million on the same day as the deposit money from the victim, and received KRW 27 million on the aggregate, including KRW 4 million on February 10, 201, and KRW 15 million on March 26, 2010.

2. On February 8, 2010, the Defendant committed a crime against the victim M is owned by the victim at “Ocafeteria” located in N in the Chungcheongbuk-gun, Chungcheongnam-gun, Chungcheongnam-gun, 701.

Doing soup shall be opened up until February 28, 2010, but shall be filled up by the rent of 150 million won, store, and so forth.

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