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(영문) 대전지방법원 천안지원 2015.02.12 2014고단1435
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

[Criminal Power] On May 22, 2014, the Defendant was sentenced to nine months of imprisonment for fraud at the Daejeon District Court, and the said judgment became final and conclusive on the 30th of the same month.

【Criminal Facts】

Around April 15, 2014, the Defendant made a false statement to the effect that “The Defendant would make a contract and ownership transfer registration to the victim D by telephone from the Defendant’s home located in Jinan-gun C, Jinan-gun to the effect that “I will make a 28.5 million won payment by the contract and ownership transfer registration. I first pay 28.5 million won by the 17th day.”

However, the facts are that the Defendant was successful in the name of the victim and did not have the intention to register the ownership transfer from the beginning. The Defendant did not have any intention or ability to register the ownership transfer after being awarded a successful bid in the name of the victim, and there was no fact that the head of the traditional Korean-style Housing Village was subject to auction, and the Defendant paid 28.5 million won as the successful bid price.

As above, the defendant deceivings the victim, and thereby deceiving him from the victim, 46 million won into the Agricultural Cooperative Account (F) in the name of E around the 17th of the same month, and the same year.

5.2. Around the same day, 7.3 million won was remitted to the above account and 53.3 million won was acquired by fraud.

Around October 23, 2012, the Defendant “2014 Godan1566,” made a false statement to the effect that “The victim would purchase the said auction goods under the joint name of the co-ownership by investing half of the total amount of 130 square meters prior to the advance advance advance advance advance advance advance advance advance in a coffee shop.”

However, the defendant did not have any intention or ability to purchase goods in common with the victim since he was issued money from the victim from the beginning to use it individually.

The Defendant, by deceiving the victim as above, transferred 5,840,000 won to the Credit Union account under the name of the Defendant in the same month, and transferred 3,160,000 won to the said account around November 8 of the same year, and received KRW 1,00,000 from the said coffee shop.

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