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(영문) 춘천지방법원 영월지원 2012.10.12 2012고단275
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

On August 10, 2011, the Defendant was sentenced to five years of imprisonment for fraud at Seoul High Court (Seoul High Court). However, on October 13, 2011, the above judgment became final and conclusive on the same day.

Criminal facts

The Defendant, as an attorney-at-law operating the law office B, did not have the ability to repay the debt to other persons, even if he did not borrow money from the victim due to any lack of any other income, and the winning ratio of the lawsuit in the so-called land search is more than 20 to 30%, and as seen below, there is no particular evidence in the lawsuit on the land requested by C, and even if he lost the possibility of winning the lawsuit in the above lawsuit, he did not have the ability to return three times the principal amount.

Nevertheless, on August 8, 2009, at the F Licensed Real Estate Agent Office operated by E in Gangnam-gu Seoul Metropolitan Government on August 8, 2009, the Defendant drafted a real estate sales contract to the effect that “The Defendant shall register the above real estate within 1 month after winning the judgment with the victim at the same place on August 17, 2009, the Defendant shall register the said real estate with the victim at the above place to the effect that “I will return the said real estate within 15 days after the pronouncement of the judgment if I lost the land. If I would lose the land, I will pay three times the principal and the bank will pay three times the loss.”

The Defendant received from the victim a total of KRW 370 million from August 17, 2009 to August 25, 2009, a sum of KRW 370 million from August 25, 2009.

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

Summary of Evidence

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