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(영문) 서울동부지방법원 2017.05.25 2016고단824
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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. Crimes against victims E;

A. On August 25, 2011, the Defendant owned the victim’s land in Pyeongtaek-si G in a restaurant operated by the victim E in Gangnam-gu Seoul Metropolitan Government F.

The land value shall be at least two billion won.

The land has 14 main owners and two of them must change the purpose of use. If the funds to change the purpose of use are insufficient, the land will be repaid as it is purchased and sold.

Since it is possible to purchase and sell the land within one month, it is expected that there will be a lot of interest for each month until the land is sold.

“False speech was made to the effect that it was “.”

However, there was no idea that the Defendant would change the use of the above land. In order to sell the above land, the consent of co-owners was required, and it was not possible to sell the above land practically. The Defendant’s share in the above land is not equivalent to KRW 30 million at the market price, but there was no intention or ability to repay the money borrowed from the victim even if the land is sold and sold.

As such, the Defendant, by deceiving the victim, received 20 million won from the victim for the same day as the loan money from the victim, and acquired it by fraud.

B. On August 31, 2011, the Defendant: (a) around August 31, 201, at the above restaurant, lent to the victim the credit card in the name of the horse and the card price was overdue; and (b) if the card price was overdue, the Defendant would be fully repaid as the sale of the above land.

“False speech was made to the effect that it was “.”

However, in fact, the defendant did not have any property other than the above land, and there was no intention or ability to repay the loan even if he borrowed money from the damaged party because the total amount of the credit loans exceeds KRW 17 million and the personal debt exceeds KRW 15 million.

The Defendant, as such, by deceiving the victim, received KRW 8 million from the injured party under the same day as the borrowed money.

(c)

The Defendant shall move in Songpa-gu Seoul around November 10, 201.

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