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(영문) 대전지방법원 2016.06.22 2015고단4363
사기
Text

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

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 29, 2014, the Defendant told the victim E who operated the number system at a coffee shop where the trade name in Songpa-gu Seoul Metropolitan Government is unknown, saying, around that time, the Defendant told the victim E who operated the number system to pay the fraternity in good faith thereafter.

However, the defendant did not have the intention or ability to pay the next fraternity according to the promise even if he received the fraternity from the injured party.

The Defendant, by deceiving the victim as such, received KRW 25 million from the victim to the new bank account in the name of the Defendant under the name of the new bank account in the same day.

2. On September 13, 2014, the Defendant requires the victim to purchase F apartment 309 Dong 1001 at a coffee shop where the trade name in Songpa-gu Seoul Metropolitan Government cannot be known.

If a person lends KRW 15 million, he/she would purchase an apartment house and receive a loan as security and pay it within 15 days.

However, in fact, even if the defendant borrowed money from the injured party as the fund for the purchase of apartment, the defendant did not have the intent or ability to purchase the apartment as promised, or to repay the borrowed money with the loan as security.

As such, the Defendant, by deceiving the victim, received 14.9 million won from the victim to the new bank account in the name of the defendant under the name of the new bank account in the same day.

3. On September 24, 2014, the Defendant calls for a victim at a place where it is unknown on September 24, 2014, and calls for a design cost to change the form and quality of land where the Defendant is running a sales business at home.

If a person lends KRW 10 million, he/she stated that he/she will obtain a loan as security and make a full repayment within 15 days from the apartment as stated in the above paragraph 2.

However, even if the defendant borrows money from the injured party, the defendant can purchase the apartment as promised, or pay the borrowed money with the loan as security.

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