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(영문) 수원지방법원 2015.05.27 2015고단1658
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant, who was known to the victim B and C, is a person who is between D and B, who is an employee of the sales agency.

1. Fraud against the victim C;

A. On July 2014, the Defendant made a false statement to the effect that “In the F Auction Office for the Victim’s Operation in Ma, the Defendant would sell the land to the Defendant after receiving a large amount of the right to sell the land, because the ownership of the land was in the possession of the land,” at the F Auction Office for the Victim’s Operation in Ma.

However, in fact, the Defendant did not have any particular income at the time and did not have a debt of KRW 150 million, and even if he received investment money from the victim, he was planned to use it in repayment of his personal debt, so that he did not intend to purchase the above apartment sale right on behalf of the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim on July 10, 2014, and KRW 25 million on July 11, 2014 from the victim, respectively, under the name of the Defendant’s national bank account (G).

B. Around July 2014, the Defendant: (a) by deceiving a victim by the said method at the said place; (b) transferred KRW 28 million from the victim on July 30, 2014; and (c) transferred KRW 9 million on August 12, 2014 to the said account as an investment deposit; and (b) received KRW 1 million on the same day as an investment deposit.

2. On July 25, 2014, at the International Licensed Real Estate Agent Office for the Operation of the Victim No. H and 301, the Defendant, against the Victim B, deceiving the victim by the said method, and then, he/she was transferred from the victim the amount of KRW 28 million on August 5, 2014 and KRW 28 million on August 21, 2014 to the said account, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the police protocol law to B and C

1. Article 347 (1) of the Criminal Act applicable to the crimes under relevant Articles of the Criminal Act;

1. Grounds for sentencing under the former part of Article 37, Article 38 (1) 2, and Article 50 of the Criminal Act among concurrent crimes;

1. The scope of applicable sentences under law: Imprisonment from one month to 15 February.

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