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(영문) 서울남부지방법원 2013.12.24 2013고단1922
사기
Text

A defendant shall be punished by imprisonment for three years.

The defendant is an applicant for compensation with the amount of KRW 150,00,000 and the amount of KRW 150,000.

Reasons

Punishment of the crime

The Defendant was a part-time lecturer of J University Social Education Institute and the real estate department of K Graduate School.

1. On Nov. 1, 2009, the Defendant made a false statement to the victim E, “The Defendant, through the head of the J University apartment house having ordinary friendship, sold the Incheon Gyeyang-gu M apartment at a unit of 50 million won and jointly sold the proceeds by selling the proceeds by selling the proceeds by selling the proceeds by selling the proceeds by selling the proceeds by selling the proceeds by selling it to the victim.”

However, even if the defendant received money from the victim, he was trying to use the money as a share purchase fund, and did not intend to use it as a share purchase price, and there was no ability to pay 50 million won to the defendant.

Ultimately, on November 5, 2009, the Defendant, by deceiving the victim, received KRW 50 million from the Defendant’s national bank account (Account Number:N) on November 5, 2009.

2. On March 2010, the Defendant made a false statement to the victim D, H, E, I, G, and F that “When investing in the reconstruction implementation project of the Seoul Jongno-gu O district, 30 percent of the profits may be paid to the victims who were enrolled in the education curriculum of the said J University Social Education Institute lecture room, the Defendant made a false statement on March 2010 that “five percent of the profits of the said 30 percent shall be paid to the victims who were enrolled in the education curriculum of the said J University, Jongno-gu Social Education Institute, and distributed the remaining twenty-five percent of the profits.”

Accordingly, the victims decided to make an investment and the victim D shall be KRW 50 million, the victim E shall be KRW 50 million, the victim I shall be KRW 30 million, the victim G shall be KRW 30 million, and the victim F shall be KRW 20 million, respectively, and the victim H shall be paid KRW 70 million in total to the defendant.

However, even if the defendant receives money from the victims as investment money, he/she only tried to use it as the defendant's share purchase fund.

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