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(영문) 서울중앙지방법원 2011.11.17 2011고단935
사기
Text

A defendant shall be punished by imprisonment for a term of one year and two months.

Reasons

Punishment of the crime

1. On February 27, 2004, the Defendant: (a) on February 27, 2004, on the first floor of the building AE in Gangnam-gu Seoul, the Defendant: (b) on February 27, 2004, stated that “The Defendant would purchase the Seocho-gu Seoul AG building from the first floor of the building AE in Gangnam-gu, Seoul; (c) “The Defendant would lend only KRW

However, the above apartment was not purchased, and even if the defendant borrowed money from the victim, there was no intention or ability to complete the payment.

Nevertheless, on February 26, 2004, the Defendant, by deceiving the victim, received 30 million won from the victim's new bank account (AI) through online banking in Gangnam-gu Seoul AH apartment 9 Dong 803 on February 26, 2004.

In addition, on February 27, 2004, KRW 16 million was remitted by the same method, and on the same day, the victim was delivered KRW 4 million from the victim in Gangnam-gu, Gangnam-gu, Seoul.

Accordingly, the defendant deceivings the victim, thereby deceiving 50 million won.

2. On May 17, 2004, the Defendant: (a) on May 17, 2004, at the coffee shop “AJ” located in Gangnam-gu Seoul, Gangnam-gu Seoul on May 17, 2004, the Defendant: (b) the said victim was unsold in lots, and some of the purchases have been completed almost. However, as the purchased apartment is in secret, the apartment management fee should be borne by the Defendant; (c) there may be a problem in the final contract to purchase the apartment. If the Defendant borrowed money, he would use it as the expenses such as the apartment management fee and receive it back to the AL chairman.”

However, the above apartment was not purchased, and even if the defendant borrowed money from the victim, there was no intention or ability to complete the payment.

Nevertheless, on May 17, 2004, the defendant deceivings the victim and is in its possession from the victim to the new bank account (AI) of the defendant from the national bank account of the victim through online banking in Gangnam-gu Seoul AH apartment 9 Dong 803 on May 17, 2004.

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