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(영문) 대전지방법원 2019.07.19 2019고단1468
사기
Text

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

Reasons

Criminal facts

1. On September 25, 2017, the Defendant: “Around September 25, 2017, the Defendant: (a) called the victim B, who had been a towing employee, to be paid KRW 50,000,000 to provide evidence of tax data in the process of arranging the tax invoice of the City Corporation; (b) if the Defendant lent KRW 50,000,000 to the Plaintiff, he would pay interest at KRW 3,00,000 after three days.”

However, even if the above money was borrowed by the Defendant, the Defendant was planned to use it as a repayment of personal debt, etc., and there was no intention or ability to repay the above money more than three days after the payment, such as there was no particular income at the time and repayment in the form of avoiding repayment of debt to many people.

Nevertheless, the Defendant made a false statement to the victim and received 50,000,000 won from the victim’s CF account.

2. Fraud related to the right to sell commercial buildings;

A. The Defendant, against the victim D, was the head of the sales team of F Co., Ltd. as the sales agent of the business building in the Daejeon Dong-gu E apartment complex, and was in charge of the sales agent of the business building from March 2018.

On July 12, 2018, the Defendant stated that “When investing KRW 38,00,000 in shopping districts G in an apartment complex, the Defendant would pay KRW 10,000,000 as profits from the resale of the apartment complex and the principal amount of KRW 38,00,000 by July 30, 2018.”

However, even if the Defendant received the above money, the Defendant was only planned to use it as repayment of personal debt, etc., and did not have the intent or ability to repay the principal with the profits promised to the victim until July 30, 2018 due to securing and resale the said commercial building.

Nevertheless, the Defendant 38,00,000 won was received from the victim in cash on the same day after the victim’s false statement as above.

B. On August 8, 2018, the Defendant against the victim H was a person J who purchased a commercial No. 1 in the E apartment complex to the victim H in the French land.

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