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(영문) 서울동부지방법원 2014.07.03 2014고단1120
사기
Text

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

Reasons

Punishment of the crime

1. On January 2010, the Defendant made a false statement to the effect that “The victim C would have the right to operate a cafeteria at the site of the apartment construction site located in the Gyeonggi-gu Seoul Mayang-si Housing Site area” to the victim C at a restaurant where the trade name in the Songpa-gu Seoul Gyeongdong cannot be known.

However, there is no fact that the Defendant secured the right to operate the restaurant at the construction site, and there was no intention or ability to grant the right to operate the restaurant even if the Defendant received money from the victim as the Defendant thought to consume the money from the victim's living expenses.

As above, the Defendant, including by deceiving the victim as above and receiving two million won from the victim to the deposit account in the post office under the name of the Defendant on February 22, 2010, received a total of eight times from around that time to September 2, 2010, including the transfer of two million won from the victim to the deposit account in the post office under the name of the Defendant.

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

2. On May 4, 2010, the Defendant, who committed the crime against the victim D, made a false statement to the victim D, stating that “The Defendant may impose a large amount of money by investing in the apartment unit, but return money to two times after the third month.”

However, in fact, the Defendant did not have secured the right to sell an apartment, and was thought to use the apartment with the money borrowed from the victim as personal living expenses, etc., so there was no intention or ability to pay the money even if he borrowed money from the victim

As above, on May 4, 2010, the Defendant, including by deceiving the victim as above, received three million won from the victim to the post office deposit account under the name of the Defendant, and received three million won from the time around that time to July 19, 2010, a total of 35.6 million won was delivered over 12 times in total as shown in the crime sight table (2).

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

Summary of Evidence

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