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(영문) 의정부지방법원 2017.12.18 2017고단4973
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. The Defendant, against the victim D, became aware of the victim D through E, a de facto husband, around March 2014.

On March 2014, the Defendant called the victim at the residence of the Songpa-gu Seoul F accused on March 2014, and opened the Gu account to the real estate investment group in which it is located. Income is reasonable within the short period.

The loan of KRW 120 million for the old account will be added to KRW 60 million until July 31, 2014.

“.....”

However, at the time, the Defendant was under pressure to repay money from other persons who received money under the name of real estate investment funds at the time, and there was no intention or ability to subscribe to a real estate investment association or to pay profits even if the Defendant received money from the victims.

The Defendant received from the injured party a total of KRW 70 million on April 1, 2014, and KRW 50 million on April 2, 2014, from the Defendant’s account under the name of the Defendant, as the borrowed money. From July 18, 2014, the Defendant received a transfer of KRW 250 million on four occasions by the same method, as indicated in the list of crimes in the attached Table, from July 18, 2014.

Accordingly, the defendant was given property by deceiving the victim.

2. The Defendant, against the victim G husband and wife, was interchangeed with the victim G and the victim H husband and wife from August 2015, and was paid in front of the neighbor.

On July 14, 2016, the Defendant subscribed to five unit of real estate investment meetings to the injured couple at a coffee shop near the Songpa-gu Seoul Songpa-gu Jamsil-dong, Songpa-gu, Seoul.

A loan of KRW 139,000,000 for the old account shall be made by adding KRW 50,000 to the principal after five months from the opening of one account under the name of the bank.

“.....”

However, in fact, at the time when the defendant was accused of fraud or pressured by other people such as the above D, which received money as real estate investment funds at the time, the case is in question.

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