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(영문) 서울동부지방법원 2019.01.16 2017고단3628
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On May 15, 2012, the Defendant in Gangnam-gu Seoul on May 15, 2012, at the “C” store operated by the Defendant in Gangnam-gu, Seoul, the Victim D is working in E, and the Defendant may purchase 34 square G apartment-type 5 bonds in Seoul F in KRW 7 million per square.

In order to purchase two bonds from among the apartment buildings, ‘33 million won' portion is corrected to be deleted.

In fact, the Defendant: (a) did not know the person who is entitled to purchase 34 square G apartment redevelopment in F; (b) did not know of the person who is entitled to purchase 7 million won at the 34 square G apartment redevelopment in F; and (c) was thought to have been used for debt repayment, etc. even if the Defendant received the above money from the victim. Ultimately, the Defendant, by deceiving the victim as above, obtained KRW 15 million on May 25, 2012 from the victim; (b) KRW 8 million on June 12, 2012 from the victim; and (c) obtained KRW 20 million on June 15, 2012 from the victim; and (d) around August 17, 2015, the Defendant obtained the money from the victim after the purchase of H apartment.

The above apartment house is in the state of paying the down payment of 5 million won, and in order to pay the remainder down payment, 12 million won is borrowed, and 12 million won is repaid until September 17, 2015.

"Finally false."

However, around May 3, 2014, the Defendant paid KRW 5 million as the down payment for the said H apartment house, and did not pay KRW 38.5 million within one month, and the said apartment contract was already terminated on or around August 2015. In addition, even if the Defendant received the money from the victim, it was considered to be used for card payment, etc.

Ultimately, the Defendant, as seen above, by deceiving the victim, received KRW 12 million from the victim on August 17, 2015 and acquired it by deception.

Summary of Evidence

1. Legal statement of witness D;

1. Some of the defendant's suspect interrogation protocol D.

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