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(영문) 수원지방법원 안양지원 2018.01.19 2015고단1296
사기
Text

Defendant

A Imprisonment with prison labor of one year and six months, and Defendant B shall be punished by imprisonment with prison labor of six months.

However, as to Defendant B, this shall not apply.

Reasons

Punishment of the crime

[2015 Highest 1296]

1. The Defendants’ fraud against the victim E concluded that, on June 9, 2014, the Defendants conspired to lend money from the victim E to use for personal purposes by advertising that they possess the Plaintiff’s agent, Plaintiff I, and Defendant B, and that, on a false basis, the Defendants would use the said land as the down payment if they lend KRW 20 million to the victim from the “K Certified Judicial Scriveners Office” located in Yangcheon-gu Seoul, Seoul, which is serving as Defendant A’s employee, as the down payment for the purchase and sale of the said land, and return the principal after 20 days, and if the registration is exceeded, the amount would be added to KRW 20 million.

However, Defendant A did not have been delegated the authority to dispose of the above land by the entire inheritor. Defendant A did not have any special revenue or property other than the monthly wage of KRW 36 million, and Defendant B did not have any special revenue in the absence of any national tax in arrears. Thus, even if she borrowed money from the injured party, there was no intention or ability to repay it.

Nevertheless, the Defendants conspired to deception the victim as above and acquired 20 million won from the victim to the new bank account in the name of the Defendant A, namely, from the victim.

[2015 Highest 2044]

2. On May 26, 2014, Defendant A’s fraud against Defendant A’s victim L constituted “a good thing” against the victim L who wished to purchase the land at a certified judicial scrivener office as described in the foregoing paragraph (1).

A total of KRW 250,000,000 may be purchased as 344 square meters in Nam-gu Incheon Metropolitan City, and a total of KRW 250,000,000 may be delivered to the land owner with a preferential payment of KRW 30,000,000,000 shall be delivered to the land owner, and the registration may be transferred within a week, and the balance will

The phrase “a person delegated the authority to dispose of the said land by the owner of the said land” was false.

However, even if the defendant receives money from the damaged person as the down payment, he shall not deliver it to the owner.

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