(영문) 서울중앙지방법원 2016.09.22 2016고단3251

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(영문) 서울중앙지방법원 2016.09.22 2016고단3251

사기

Text

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

Reasons

Punishment of the crime

[Criminal record] The Defendant was sentenced to four years of imprisonment for fraud, etc. at the Seoul Central District Court on November 17, 2009, and such judgment became final and conclusive on February 13, 2010.

[Criminal facts]

1. On July 2008, the Defendant may call the victim C at a closed space on July 2008 and impose money on the victim C only if it is so difficult to do so.

It will be possible to sell commercial buildings in lots in the shopping mall.

“.........”

However, the defendant did not have the intent or ability to sell commercial buildings to the victim.

As such, the Defendant, by deceiving the victim, received a copy of the KRW 20 million check in the front of the Korea Housing Corporation located in the Seongbuk-gu Seoul Metropolitan City following the date from the damaged party, in the name of the expenses for application for parcelling-out, and acquired it by fraud.

2. On August 5, 2008, the Defendant called the above victim on the influence of August 5, 2008, and called the above victim to pay the winning, “I have to pay the sales amount as soon as possible.

“.........”

However, there was no sale of commercial buildings for the victim.

As such, the Defendant, by deceiving the victim and deceiving the victim from the victim to the national bank account under the name of the Defendant for the purpose of selling the amount of KRW 130 million on the same day; KRW 6 million on the following day; and KRW 162 million on the 14.26 million on the same month; respectively, acquired the total amount of KRW 162 million.

3. On March 2009, the Defendant committed the crime on March 3, 2009, “I have the person in charge of the sale to the said victim” at the ordinary seat of the Defendant on March 209.

“.....”

However, as seen earlier, there was no person in charge of the sale of commercial buildings for the victim, and there was no person in charge of the sale of commercial buildings for the victim.

As such, the Defendant, by deceiving the victim, received 5 million won from the victim, who is a personnel expenses, from the victim, and acquired it by fraud.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement 1.3

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