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(영문) 서울중앙지방법원 2015.10.29 2015고단2536
사기
Text

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

Reasons

Punishment of the crime

[criminal power] On June 26, 2015, the Defendant was sentenced to a two-year suspended sentence of imprisonment for fraud at the Suwon District Court on two years, and the judgment became final and conclusive on July 4, 2015.

【Criminal Facts】

1. Fraud of the victim C;

A. On November 12, 2013, the Defendant made a false statement to the effect that “The Defendant would return money to the leased apartment upon obtaining the Defendant’s right to move into the leased apartment with the Defendant’s house located in the Sung-nam-si Seoul Metropolitan Government D apartment 804 Dong 201, Sung-gu, Sungnam-gu, Sungnam-gu, Seoul Metropolitan City (LH employees) by obtaining the Defendant’s right to move into the leased apartment.”

However, in fact, the defendant did not have a staff member of LH Corporation and did not have the right to file an application for occupancy of the above rental apartment, so even if he received money from the victim, he did not have an intention or ability to allow the victim to move into the above rental apartment.

Nevertheless, the Defendant, as above, by deceiving the victim as above, received a total of KRW 40 million from the victim to the Defendant’s single bank account (E) around November 12, 2013 and received KRW 20 million around the 15th day of the same month from the victim and acquired it by transfer.

B. On November 29, 2013, the Defendant made a false statement to the Defendant’s house at the above Defendant’s house stating that “If only 1 copy of the right to move in to the reconstruction apartment of the Seoul Gangnam-gu Seoul Metropolitan Government, the City Construction Corporation would cut off and recover it again. If 10 million won was the right to move in from the reconstruction construction of the reconstruction apartment of the new Si/Gun/Dong, 10 million won would have been the right to move in, and the right to move in would have been purchased.”

However, since the defendant did not have the right to move into the open-dong reconstruction apartment, even if he received money from the victim, he did not have the intention or ability to allow the victim to move into the open-dong reconstruction apartment.

Nevertheless, the defendant deceivings the victim as above, and is against the victim.

bank account as described in paragraph (1).

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