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(영문) 부산지방법원 2012.11.27 2012고단9114
사기
Text

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

Reasons

Punishment of the crime

On May 10, 2012, the defendant was sentenced to four years of imprisonment with prison labor for the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) in Suwon District Court.

1. Around April 27, 2006, the Defendant against the victim D expressed that “a victim D, who was aware of the fact in the new cooperative located in Gwangju-si, Gwangju-si, has a lot of land in the Sungnam-si, and was paid a few hundred million won amount of land compensation due to the new city. However, since the birth is not subject to the order of suspension of payment, it is necessary to agree with the birth, and thus, it is necessary to reach an agreement with the birth. Of which, if the Defendant borrowed KRW 13 million, he would complete payment or immediately return the payment after one month, if the payment is suspended.”

However, in fact, the defendant did not receive land compensation, and even if he borrowed money from the victim, he did not have the intention or ability to pay it.

As such, the Defendant received money from the victim by remitting KRW 13 million to the E-name account used by the Defendant from the victim.

2. Around April 13, 2009, the Defendant expressed a copy of the passbook deposited in the amount of KRW 2.7 billion to the victim F, who was aware of in front of the Gyeonggi-do Gacheon-si G restaurant, and said, “The money received from the Land Corporation is the money that he received from the Land Corporation. In the Republic of Korea, HI had J apartment, as the J apartment, live in the J apartment, and the payment of the interest and principal of the borrowed money is made.” If the funds for the establishment of the construction company to conduct the 4th class construction need to be loaned money, the Defendant provided the director of the company with the company and paid the interest and principal of the borrowed money.”

However, the defendant is not related to the four major projects, and the head of the Tong is merely an unknown circumstance, and even if he/she borrows money from the victim, he/she did not have an intention or ability to complete payment.

The Defendant, as such, makes a false statement, received KRW 30 million from the victim’s place of residence, and KRW 50 million from March 5, 2010, from the victim’s place of residence, and received KRW 50 million from March 5, 2010.

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