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(영문) 수원지방법원 2013.08.23 2012고단6117
사기
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Criminal facts

On November 15, 2012, the Defendant was sentenced to ten years of imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (special robbery, Rape, etc.) at the Incheon District Court, and the judgment became final and conclusive on May 9, 2013.

[2012 Highest 6117]

1. On February 3, 2010, the Defendant: (a) concluded that on February 31, 2010, the Defendant: (b) on the first time, at the office of the real estate agent B located in Ansan-si, where the Defendant was operated by the Defendant, the Defendant purchased 1,500,000 won in the intermittent value; (c) purchased scamblings from the victim D; and (d) paid 1,00,000 won per month as principal to the 100,000 won per month while selling it.”

However, the defendant did not have any intention or ability to sell the goods after purchasing them, even if he borrowed money from the victim.

The Defendant, as above, by deceiving the victim, received KRW 25 million from the victim as the borrowed money at around that time, and acquired it by fraud.

2. On July 22, 2011, the Defendant, at around 14:00 on July 22, 201, made a false statement to the effect that “The Defendant, at the office of a certified judicial scrivener in the name of Ulsan-gun, Ulsan-gun, Ulsan-gun, U.S., one of which is owned by his/her father, transferred the ownership registration under the name of the Defendant with respect to the size of 1483 square meters prior to the Ulsan-gun, Ulsan-gun, U.S., which is owned by his/her father, he/she would receive KRW 250 million from the Seodaemun-gu Agricultural Cooperative and complete payment of KRW 25 million prior to the loan. It would be changed to lend KRW 14 million with the cost of transfer of the registration.”

However, in fact, the Defendant did not have any intent or ability to repay the debt even if he borrowed money from the victim because the Defendant had been liable for the debt of KRW 400 million at the time.

As above, the Defendant, by deceiving the victim as above, received KRW 14 million from the victim as the borrowed money on the same day and acquired it by fraud.

[2013 Height52]

1. Fraud against victim F;

A. The Defendant: (a) around October 16, 201, around C Licensed Real Estate Agents around 18:00.

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