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(영문) 대전지방법원 2012.08.23 2011고단5276
사기
Text

A person shall be punished by imprisonment with prison labor for not less than two months, and a person shall be punished by imprisonment with prison labor for not less than eight months.

Reasons

Punishment of the crime

On July 7, 2009, the Defendant was sentenced to a suspended sentence of 2 years on July 15, 2009 by the Daejeon District Court for violating the Act on Special Cases concerning Regulation and Punishment of Speculative Acts, etc.

1. On April 3, 2009, the Defendant made a false statement to the victim C in the Daejeon Prison meeting room located in the Daejeon Seodong-dong 36, Seosung-dong, Daejeon, Daejeon, stating that “The cost of attorney-at-law is required to be lent 3.3 million won as the cost of attorney-at-law is required. The Defendant is running a real estate implementation business, and all of the tasks have been completed almost. It is released as the investors in this context, and will be repaid without a mold within two months.”

However, in fact, the Defendant did not have any property or profits under the name of the Defendant, and the prop business planned was concluded only with the owner of the land, and there was no intent or ability to repay the same money as the promise, even if he borrowed the money to the said C, because it is unclear whether to attract investors.

On April 7, 2009, the Defendant deceptioned the above C and received 3,300,000 won from the said C through F at the E-law office located in Seo-gu Daejeon, Daejeon, for an attorney fee.

2. On June 27, 2009, the Defendant stated that “the land work has been 100% or more” to the victim G at a restaurant in the name of the Jung-gu, Daejeon Metropolitan Government, Daejeon. The land owner and the contract expired almost, and there is a sponsor. If the land owner and the sponsor have lent 14.5 million won as they need to meet the smuggling’s telephone expenses, house taxes, and real estate consulting expenses, it would be repaid without the mold until August 27, 2009.”

However, the Defendant did not have any property or profit in the name of the Defendant, and the prop business planned was signed only with the owner of the land, and there was no intent or ability to repay the same money as the promise, even if he borrowed money from the said G due to unclearness of attracting investors.

The Defendant, as such, deceiving the above G and summing up the said G over twice from the said G to the said G on June 27, 2009, and KRW 2 million on July 17, 2009.

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