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(영문) 수원지방법원 성남지원 2013.08.23 2013고단313
사기등
Text

A defendant shall be punished by imprisonment for one year.

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. Fraud;

A. On August 28, 2006, the Defendant committed fraud with KRW 50 million on August 28, 2006, and the Defendant did not know the trade name located in the Dong-dong of Sungnam-si around August 28, 2006, and there is insufficient money to the victim D to see the land located in the Dong-dong of Sungnam-si in the name of her husband in the name of her husband F. The E land is intended to make an investment with her husband in the development cost of the development cost of the E. If the husband lends KRW 50,000,000,000 to the her husband, the principal would be paid by paying interest on KRW 1.5 per month until the end of December 2007. If the money is not paid within the above period, the premium of H real estate located in Sungnam-gu, the husband of which is the husband, would be equivalent to KRW 50 million through 60,000,000,000.”

However, in fact, the Defendant did not have plans to purchase the said E land only because he/she was in need of his/her study funds and living expenses, and operating expenses of the real estate brokerage office in Japan. The premium of H real estate did not amount to 50 million won. Not only did he/she did not have any particular property, but also did not have any intent or ability to repay the said money from the victim even if he/she borrowed the said money from the victim due to the shortage of his/her study funds in Japan due to the shortage of his/her study funds in Japan.

Nevertheless, as above, the defendant deceivings the victim as above and acquired 50 million won from the victim to the I foreign exchange bank account, which is his/her father on the same day.

B. On May 23, 2007, the Defendant’s fraud of KRW 100 million stated that “The Defendant may pay interest on KRW 100 million per month if he/she lends KRW 100 million to D, and the principal would be repaid without a mold after one year, since there are many investments in the operation of the domestic real estate, the amount of KRW 100 million may be repaid with profits.”

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