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(영문) 대구지방법원 2016.04.29 2015고단5529
사기
Text

A defendant shall be punished by imprisonment for one year.

The defendant will pay 32 million won to the applicant by fraud.

Reasons

Punishment of the crime

"2015 Highest 5529"

1. On May 22, 2015, at the E’s house located in Busan Metropolitan City around 10:00, the Defendant entered into a sales contract to sell KRW 55 million, a husband of the victim C, G and F, which is the owner of the victim C, for sale of KRW 35 million. On June 10, 2015, the Defendant should call the victim to another place where “if he moves his house to another place in order to cut off his house,” and thus, it is necessary to keep the warehouse.

A false statement was made in advance to 7 million won out of the balance."

However, the above house was owned by F, and the defendant did not have any intention or ability to transfer the ownership of the house to the victim even if he receives the price from the injured party because he did not have been delegated by F with the right to sell the house.

However, the Defendant: (a) by deceiving the victim as above and deceiving the victim on May 22, 2015; (b) received KRW 5 million as the down payment from the victim on May 28, 2015; (c) KRW 20 million as the intermediate payment around May 28, 2015; and (d) KRW 32 million as the remainder payment around June 10, 2015 under the name of the Defendant.

2. On August 4, 2015, the Defendant: (a) at the J gas station located in Daegu-gu, Daegu-gu, Daegu-gu, on August 4, 2015; (b) even though there is no intention or ability to pay the gas station due to the lack of certain occupation or import; (c) instead, the Defendant deceiving the victim by demanding the victim, who is an employee, to pay the gas station normally, to pay the gas station price; and (d) was provided with the oil of KRW 95,00,000 from the victim’s seat.

3. On September 2, 2015, the Defendant purchased the victim N's house in Yongcheon-si M on September 11:30, 2015, while the Defendant, even if there was no certain occupation or import, thereby having to pay the price to the injured party one horse due to credit due to the lack of intention or ability to pay the price to the injured party, the Defendant purchased the victim 60 times the margin of credit.

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