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(영문) 부산지방법원 2019.10.17 2019고단786
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The Defendant, around July 27, 2018, at “C” located in Busan-gu Busan-gu, Busan-do, stated that “C works at the office of a punishment that operates the real estate brokerage center,” but the punishment and the punishment must be applied to the victim D. However, there is no money engaging in opening the business. However, if the Defendant borrowed KRW 40 million to B, the principal shall be naturally refunded and the brokerage commission shall be paid to each case. At present, the commercial buildings in writing, the amount of which is at least ten billion won, will soon become a brokerage. Before doing so, the commercial buildings would be punished for the real estate brokerage business, and I will be able to return the paid money without a mold.”

However, in fact, the Defendant did not have a real estate brokerage business more than 40 billion won, and the Defendant did not have an imminent sexual intercourse. Specifically, the Defendant was unable to engage in real estate brokerage business in a normal way, such as paying for the name lending equivalent to 1.5 million won to E, a licensed real estate agent, because it was not a licensed real estate agent, and was a bad credit holder with approximately 14 million won of debt without any special property. Therefore, even if the Defendant received KRW 40 million from the victim, there was no intention or ability to repay it as agreed upon.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 3 million from the victim’s account under the name of the Defendant on July 27, 2018, and KRW 10 million on July 31, 2018. On July 31, 2018, the Defendant had F receive KRW 20 million from the F’s account under the name of the deposit for lease and KRW 7 million from G on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. A copy of the partnership business contract, and a photograph of each real estate lease contract;

1. Investigation report (the phone statement of the H), investigation report (the phone statement of the reference witness I), investigation report (the results of credit information inquiry of the suspect A), and investigation report (the attachment to the results of credit information inquiry of the suspect A), etc.

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