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(영문) 수원지방법원 성남지원 2018.06.08 2017고단1696
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant is a person who has been engaged in the development and implementation of real estate and sale of real estate.

1. On May 2010, the Defendant was in a place where it is not known to a police officer on May 2, 2010, and the victim B was to be in charge of the sale of land among the doors located in Female C and D, and there is a need for KRW 50 million as the deposit money.

The loan of KRW 50 million shall be paid KRW 80 million after two months.

40 million won was given on June 30, 2010, and the remainder of 40 million won was given on July 31, 2010, and the false statement was made to the effect that it would be given on July 31, 2010.

However, even if the Defendant borrowed KRW 50 million from the injured party without any particular property or income, he did not think that he would use it as a deposit for the sale of land in the door. Since he thought that he would use it as the living expenses of the Defendant or the expenses of the company operated by the Defendant, there was no intention or ability to reduce KRW 80 million after February.

Around May 17, 2010, the Defendant, by deceiving the victim, was transferred KRW 50 million to the victim through a bank account in the name of the Defendant, from the victim.

2. The Defendant, at a place not known at the end of July 2010, at which the end is unknown, may also repay KRW 80 million, where the Defendant borrowed KRW 50 million prior to the borrowing of KRW 30 million from the F farm in Hongcheon, to the said victim.

If a person lends KRW 30 million, he/she will pay KRW 60 million until October 26, 2010.

“The phrase “ was false.”

However, even if the defendant borrowed KRW 30 million from the injured party due to the lack of any particular property or income, he thought that he would be used as debt repayment, such as card payment, living expenses, etc., by the defendant. Thus, the defendant did not have any intention or ability to reduce KRW 60 million to the injured party until October 26, 2010.

Around July 27, 2010, the Defendant deceivings the victim as such, and opened a bank account under the name of the Defendant around July 27, 2010.

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