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(영문) 대전지방법원 2016.10.20 2016고단1807
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. Around September 2012, the Defendant, at the coffee shop located in the Seo-gu Standing District of Gwangju, told the victim D to bid the land to the Jeju Innovation City, stating approximately KRW 50 million until the registration was received, and made a false statement to the effect that he/she would be able to impose a large amount of benefit if he/she makes an investment.

However, the defendant did not make an investment in order to get a bid for the land of the Nano Innovation City, and even if he received money from the victim for the above investment, he did not have the intent or ability to buy or buy the land in the Nano Innovation City.

The defendant in its possession is the victim's account under the name of the defendant E in the name of November 2, 2012, in terms of bid deposit and registration expenses.

4.1.Before maturity, 20 million won for the same account and for the same year.

6.20.Around 20.20.00 won was remitted to the same account.

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

2. On September 2015, the Defendant made a false statement to the effect that “The Defendant shall borrow 150 million won from the lodging room to the lodging room,” and that “If he/she lends 30 million won to the lodging room, he/she shall be repaid 150 million won to the lodging room, he/she shall be repaid 30 million won after he/she lends money to the lodging room.”

However, the facts do not mean that the defendant would lend money to the defendant, and the defendant has no intention or ability to pay 30 million won even if he borrowed 30 million won from the victim because the defendant borrowed 30 million won from his family.

The Defendant received KRW 30 million from the victim to the account in the name of Nonparty F around October 5, 2015.

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

Summary of Evidence

1. Statement by the defendant in court;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes concerning details of complaint and transactions;

1. Relevant Articles of the Act concerning the facts constituting the crime;

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