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(영문) 서울동부지방법원 2017.01.18 2016고단3114
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On May 2, 2008, the Defendant of Songpa-gu Seoul building management office around May 2, 2008, the Defendant would purchase 270 square meters to the victim D to purchase the city maintenance 270 square meters at the roadsides of the Geum River basin in the public city.

The phrase “a claim should be purchased and the down payment need to be paid, and 2 million won should be changed.”

However, in fact, even if the defendant received the above amount from the above victim, he did not think of it as living expenses, and did not have the intent or ability to purchase the land, and on the other hand, he had a debt equivalent to 600 million won due to the failure to perform the clothing business in around 2005. Thus, even if he received the above amount from the above victim, he did not have any intent or ability to pay it.

Nevertheless, the Defendant, as seen above, obtained a false statement from the above victim and obtained two million won in cash from the above victim, and acquired it through deception from September 29, 2009, and obtained a total of 34,510,000 won from September 22, 2009, as shown in the List of Crimes.

2. The Defendant, around May 12, 2009, ordered the victim E to purchase the land at the office located in the building in Songpa-gu Seoul Metropolitan Government (Seoul) on or around May 12, 2009, by selling the said land to the victim E with money from B.

“The phrase “ was false.”

However, at the time of fact, the Defendant did not have any authority or plan to receive the sale of the Sejong City site by a contract, and even if he did not receive the money from the damaged party due to the lack of any financial condition, such as the burden of debts under the absence of any other property or income, it was thought that it would be used for personal purposes, such as living expenses, but did not intend to use it as the cost of purchasing the site. There was no intention or ability to purchase the said site because the money actually damaged was used as the cost of purchasing the site at the Sejong City site.

The defendant.

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