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(영문) 서울중앙지방법원 2014.05.09 2013고단7178
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

1. Fraud and violation of the Attorney-at-Law Act;

A. On March 2012, the Defendant’s fraud against the victim E and the violation of the Attorney-at-Law Act made a false statement to the victim that “A person who knows well within the country is the director of the Seoul Central District Court auction division. A person who is a chief of the auction division and the consulting company may act as a team, and will receive real estate at the low price after being put up for auction. If the last day is well-known, a person who is on board shall be on board the ship.”

However, in fact, even if the victim receives the auction cost for the acquisition of real estate from the victim, it was thought that the above money was not used for the purchase of the real estate by auction, but for his own cost of living, etc., and the defendant was not well aware of in the auction system of the Seoul Central District Court, so there was no intention or ability to make the victim be awarded a successful bid through auction.

Nevertheless, the Defendant, by deceiving the victim as such, received the said money from the victim to receive the said money in total of KRW 114,70,000 on June 14, 2012, KRW 22,00,000 on August 10, 2012, KRW 23,750,000 on September 23, 2012, KRW 22,875,00 on September 22, 2012, KRW 22,875,00 on September 25, 2012, and KRW 114,70,000 on September 22, 2012, and at the same time, provided a non-contentious case in return for promising to receive money and receive money, and provided legal consultation or other legal services with respect to legal relations regarding the auction procedure, which is a non-contentious case.

B. On April 2012, the Defendant made a false statement to the victim H, who was employed by the victim H in Gangnam-gu Seoul Ha on April 2012 at the J office where the victim H works in Gangnam-gu Seoul Ha, stating that “I would lend money to the victim as it is necessary.”

However, the fact is that the defendant's personal debt is more than KRW 80 million.

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