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(영문) 의정부지방법원 2020.02.06 2019고단1269
사기등
Text

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

The defendant pays 49,400,000 won to an applicant for compensation, which is caused by fraud.

Reasons

Punishment of the crime

1. Fraud;

A. On March 3, 2017, the Defendant called the victim B by phoneing the phone to the victim B, saying, “The land equivalent to KRW 2 billion is being developed to Pyeongtaek-gun C, and is the date of permission for the stock farm immediately. If the Defendant borrowed money, he/she would pay the interest of KRW 3 per month and complete payment within three months by investing in the land being developed.”

However, in fact, the Defendant merely thought that he/she borrowed money from the victim to use it for educational expenses and living expenses of his/her father and wife, did not have any intent to use it for real estate investment, and did not have any particular property at the time, and used the profits earned by his/her agent as a real estate brokerage assistant for the repayment of his/her guaranteed debt. Therefore, even if he/she borrowed money from the victim, the Defendant did not have any intent or ability

Around March 3, 2017, the Defendant, by deceiving the victim as above, received KRW 19.4 million from the victim to the Agricultural Cooperative Account under the name of the Defendant and acquired it by deceiving the victim.

B. On April 17, 2017, the Defendant called the said victim by phoneing to the said victim, stating that “The permission for the stock farm was almost completed, and there was an additional case to develop real estate. It would be repaid within three months if the Defendant lent money to invest in the development of real estate.”

However, in fact, the Defendant only thought that he borrowed money from the victim to use it as a fund for the purchase of the same kind of money, did not have any idea to use it for real estate investment, and did not have any particular property at the time, and was in economic difficult condition, such as using most of the profits earned by working as a real estate brokerage assistant for the repayment of the guaranteed obligation of the same student. Therefore, even if he borrowed money from the victim, there was no intention

The Defendant, as above, deceiving the victim and deceiving him/her from the victim on April 18, 2017, is a bank under the name of the Defendant for the loan of KRW 30 million.

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