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(영문) 서울북부지방법원 2019.01.10 2018고단2655
사기
Text

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

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

Reasons

Punishment of the crime

The defendant became aware of the victim while working in the licensed real estate agent office operated by the victim B.

Around June 14, 2014, the Defendant concluded that, at a coffee shop located in the French-dong, Gangdong-gu Seoul Metropolitan Government (hereinafter referred to as the “Sacheon-dong”), the Defendant provided that, “The Defendant would purchase and borrow the land in a balanced and high nature, and would lend 50 million won as money to the Defendant. As security, the Defendant would create a right to collateral security on the loan owned by his mother, and would complete payment of KRW 75 million until December 31, 2014.”

However, in fact, the Defendant purchased the land in a usual and solid manner and did not have a specific plan to borrow the land, used a considerable portion of the money received from the victim as an existing debt repayment, living expenses, etc., and did not consent from the Defendant’s mother C to set up a mortgage related to the obligation. However, the Defendant did not have any intent or ability to repay the money even if he borrowed money from the victim.

The Defendant, as above, by deceiving the victim, received KRW 50 million from the victim to the Defendant’s DNA bank account around June 17, 2014.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the suspect examination of the accused;

1. Protocol of the police statement concerning B;

1. A registration certificate;

1. A written agreement on division of inherited property;

1. A certified copy of each register;

1. Receipts without passbooks;

1. Notarial deeds;

1. Letters sent by the suspect to the complainant;

1. Details of transactions by the receipt period; and

1. Application of trade-related Acts and subordinate statutes;

1. Relevant Articles of the Criminal Act, Article 347(1) of the Criminal Act, and Article 347(1) of the Criminal Act on criminal facts have been punished for the same kind of crime as the sentencing of the choice of

However, the defendant is opposed to the defendant's attempt to commit the crime of this case.

The agreement was made with the victim late.

The punishment as ordered shall be determined by comprehensively taking into account such circumstances and various circumstances as the age, character and conduct, motive of the crime, and circumstances after the crime.

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