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(영문) 수원지방법원 2017.07.12 2016고단6427
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

On December 30, 2015, the Defendant stated that “Around December 30, 2015, the Defendant would make a false statement to the victim of the E-style brokerage office operated by Suwon-si, Suwon-si, the 104 victim D, that “A vehicle with a fixed-term car with a fixed-term car and with a large amount of profit.” That said, the Defendant would make a false statement to the victim of the E-style brokerage office operated by the victim D, who would make a payment within the limit of 10 million won if he/she loans KRW 10 million.”

However, as the Defendant was able to invest in futures trading with borrowed money from the damaged party, it was not true that used cars were sold or sold as well as KRW 6.8 million, while it was in the absence of certain income or assets from financial institutions, there was no ability or intent to complete payment even if the Defendant borrowed money from the damaged party.

The Defendant, as seen above, received 9.7 million won from the injured party on or around December 30, 2015 to the new bank and modern securities account in the name of the Defendant, and acquired 5,365 million won in total by transferring 9.7 million won to the new bank and modern securities account in the name of the Defendant on January 9, 2016, and KRW 19.4 million on or around December 13, 2016, KRW 9.7 million on or around the same month, and KRW 4.85 million on or around the 18th day of the same month, respectively.

The Defendant: (a) concluded a sale contract with F to sell and purchase the right to sell G G G G G G 101 Dong 3502 at the time of luminous name; (b) however, on June 16, 2016 at the Suwon District Court, the said F, which became aware of the creditor H’s attachment decision on the right to claim the transfer of ownership, demanded the return of the sales deposit, demanded the return of the down payment, thereby selling the said real estate to a third party to sell the said real estate again to the said F to return the down payment.

Accordingly, around July 22, 2016, the Defendant entered into a contract with the victim K to sell and purchase the sale right of “G 101 Dong 3502, G G G lue G lue G lue G lue-Ma (G 101 Dong 3502)” with the said “J Malue G lue-Ma.”

However, the seizure of the above real estate at the time is decided as above.

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