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(영문) 수원지방법원 안양지원 2020.02.12 2018고단1980
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months and by imprisonment for eight months, respectively.

, however, from the date this judgment becomes final.

Reasons

Punishment of the crime

1. The Defendants committed the crime against the victim C at the E Bank, etc. located in Seocho-gu Seoul Metropolitan Government, at the end of March, 2015, the Defendant stated that the victim “LH, SH, and Handong-gu, and Defendant A may sell public rental apartment units, such as F, G, and H, within one year upon request by the victim to the employees who are in charge of the 16 million won. If the right of sale is not exercised within one year, the Defendants will return money again.” The Defendant B said that “B would return money again to the victim, while having received the right of sale of public rental apartment units with the amount of KRW 15 million and received the right of sale of public rental apartment units.”

However, Defendant A had no relation with LH, SH, and Han Jeon. Defendant B had no right to sell a public rental apartment through Defendant A. Thus, even if the victim received money from the victim, Defendant A did not have the intent or ability to grant the right to sell a public rental apartment.

Nevertheless, the Defendants: (a) by deceiving the victim as above and deceiving the victim on April 12, 2015; and (b) transferred KRW 5 million in the name of the victim on April 13, 2015; (c) KRW 11 million in total, and KRW 16 million in the name of the victim on April 13, 2015; and (d) transferred from the E Bank account in the name of the Defendant A (J).

As a result, the Defendants conspired to deceive the victim, thereby deceiving the victim with the above 16 million won from the victim.

2. On March 2015, the Defendants committed the crime against the Victim K, at the Seocho-gu Seoul Metropolitan Government House of “M”, and Defendant A said, the victim “LH, SH, and Han-dong” said, “A is in the heart of the victim, and at the request of those who have worked in the main place, KRW 16 million may sell public rental apartment, such as F, G, and H, within one year. If the right of sale is not exercised within one year, the Defendants will return money again.” The Defendant B said, “B would return money again to the victim,” and Defendant B said, “B would be 15 million won and received the right of sale in public rental apartment.”

(b).

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