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(영문) 수원지방법원 여주지원 2013.11.25 2013고단695
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【former and the Defendant” On June 13, 2012, in the branch court of Suwon District Court, sentenced three years of suspension of execution to one year and six months of imprisonment for fraud, etc., and the said judgment became final and conclusive on the 21st day of the same month.

【2013 Highest695】

1. On October 20, 2008, the Defendant made a false statement to the victim E by phone call from the D Licensed Real Estate Agent Office located in Gyeonggi-gu World Trade Organization C, the Defendant concluded that “It is urgently necessary to catch up due to the high-quality land that was sold in lots,” and that money short of money will be borrowed. The purchase of land will return the land with interest added within three months, as profits will accrue.”

However, in fact, the Defendant was thought to use all of the funds borrowed from the victim to repay his/her personal debt because he/she failed to perform the business of developing and selling land in the Gyeonggi-gu Gyeonggi-do F and the same military G G land at the time, and it was unclear whether he/she can purchase the land and obtain profits from it. Therefore, even if he/she borrowed money from the victim, he/she did not have any intent or ability to repay it.

The Defendant received KRW 30 million from the above victim, i.e., from the above victim to the Agricultural Cooperative (H) account under the name of the Defendant, and from around that time to April 12, 2010, the Defendant received a total of KRW 150 million over three occasions, as shown in the list of crimes in the attached Table.

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

【2013 Highest 916】

2. On May 4, 2010, the Defendant stated that the “D Licensed Real Estate Agent’s Office” office operated by the Defendant in Gyeonggi-gu World Trade Organization I, “The Defendant would pay KRW 45 million, including interest KRW 10 million, to the victim J (hereinafter “D Licensed Real Estate Agent’s Office”) because there is a need for KRW 35 million in the land where he works in the Republic of Korea.”

However, at the time, the defendant tried to develop and sell land in Gyeonggi-gu F and G G in the same Gun.

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