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(영문) 대구지방법원 서부지원 2016.06.03 2015고단1973
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On August 2013, the Defendant would sell the victim’s “D Real Estate” operated by the victim C in the Daegu-gu World Trade Organization B, Daegu-gu, and Daegu-gu, in lieu of the right to sell the apartment building No. 109, and return the down payment if the purchase of the right to sell is not made.

‘False speech' was made.

However, even if receiving money from the injured party, it was thought that it will be used as operating expenses of the sales agency's office, and there was no intention or ability to sell it in a non-surbing manner by purchasing the sales agency's 109 sales right instead of the sales

The defendant deceivings the victim as above and was transferred KRW 26 million to the injured party as a loan for investment around September 5, 2013.

2. On September 14, 2013, the Defendant: (a) loaned KRW 2,00,000 to the victim C at the above location, and (b) returned KRW 28,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won, which

‘False speech' was made.

However, even if the victim receives money from the victim, it was thought that it was used as the operating expenses of the sales agency, and there was no intention or ability to repay it.

The defendant deceivings the victim as above and received 2 million won as the borrowed money from the injured party on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. Application of the Acts and subordinate statutes to the complaint;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 62 (1) of the Criminal Act on the stay of execution (the repayment to the victim of KRW 12 million, the motive, circumstances, etc. of the crime);

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