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(영문) 전주지방법원 2014.05.15 2013고단1576
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Criminal facts

On August 24, 2011, the Defendant was sentenced to six months of imprisonment for fraud in the Changwon District Court's Jinju branch, and the said judgment became final and conclusive on September 1, 2011.

[2013 Highest 1576] Defendant and C promised to not receive a loan exceeding KRW 4 million from the financial right to the victim while leasing 101 Dong 102,000,000 to the victim F of the G building at the office of "E Licensed Real Estate Agent" located in Sacheon-si, Sacheon-si on April 6, 2009, and promised to not receive a loan from the victim in excess of KRW 20,000,000 for the same day as the intermediate payment, around April 17, 2009, and around May 4, 2009, 25 million for the remainder payment.

However, even though the defendant and C obtained a loan of KRW 39 million as collateral from the Yaeng-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Gyeong-gun, Seoul around April 22, 2009, prior to receiving any balance from the victim, the defendant and C did not inform the victim of such fact.

Accordingly, the Defendant conspired with C by deceiving the victim by the above method, and received 25 million won from the victim as a balance.

[2013 Godan1638] On June 2008, the Defendant made a false statement to the effect that “The victim has a good land in Sacheon-si K, and sent back money to Sacheon-si,” at the house located in J apartment 201 Dong 101, J apartment 201, Dong 101, which was living with the first policeman.”

However, in fact, the Defendant, while operating G Rental Business at the time of Scheon-si, was not able to return the deposit received from the lessee properly and was in short of the funds. Therefore, even if he received money from the victim, he merely intended to use the money individually, and did not have the intent or ability to purchase the land.

On June 20, 2008, the Defendant, by deceiving the victim, received KRW 20 million from the victim to the Agricultural Cooperative Account in the name of the said H on June 20, 2008.

[2013 Highest 1823] The defendant is Sacheon-si L apartment 103.

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