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(영문) 부산지방법원 2017.09.06 2016고단4788
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The Defendant was sentenced to eight months of imprisonment for fraud, etc. at the Seoul Southern District Court on April 19, 2012 and completed the execution of the sentence at the Seoul Southern District Court on July 18, 2012.

On November 2014, the Defendant made a false statement to the victim D (38 years old) at the office of the (ju) office of the Defendant’s operation in Busan Shipping Daegu, 2014, stating that “When the Defendant was carrying out redevelopment by creating a regional housing association in the shipping zone, he/she borrowed money only for three months, he/she would give the right to sell the apartment owned by the company and pay interest at 3% per month.”

However, the fact is that the members of the local housing association did not receive consent from the members of the local housing association at the time, and even if they borrowed money from the company due to the lack of funds, they did not have the intention or ability to pay interest of 3% per month.

As such, the Defendant, by deceiving the victim, received a total of KRW 19.4 million from the victim, including KRW 9.7 million on November 7, 2014 and KRW 9.7 million on October 10 of the same month, from the victim to the Busan Bank account (E).

Accordingly, the defendant was given property by deceiving the victim.

On December 29, 2015, the defendant of "2016 Highest 7,602" resides in the victim F in the non-faccination shop of the trade name in Busan Jin-gu, Busan around December 29, 2015, and there are two buildings in the vice-gu.

At present, the construction executor is working and a building is being built, and only 30 million won is loaned due to the shortage of money, it is false that it will be sold in lots and repaid in three months.

However, in fact, the defendant did not reside in Hyundai Vene and did not pay the money to the beneficiary, and the provisional registration established in the name of the defendant was not cancelled, and there was no intention or ability to pay the money even if he borrowed money from the victim.

Around December 29, 2015, the Defendant: (a) by deceiving the victim; and (b) by deceiving the victim; (c) around December 29, 2015, seven million won out of the SC Bank account (G) in the name of the Defendant; and (d) December 31, 2015.

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