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(영문) 수원지방법원 2015.01.26 2014고단3852
사기등
Text

As to the first crime in which the defendant is decided, the imprisonment of four months and one year shall be respectively imposed on each crime of the second crime in the ruling.

Reasons

Punishment of the crime

[Attachment] On December 24, 2009, the Defendant was sentenced to a suspended sentence of ten (10) years of imprisonment for fraud at the Suwon District Court, and the said judgment became final and conclusive on January 1, 2010.

[Crime] [Crime 1] Around June 2007, the Defendant stated to the effect that the victim E purchased the “F land of the land of the land of the land of the land of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the city of the Republic of Korea.”

However, the Defendant did not have the intent or ability to transfer ownership by informing the victim of the circumstances in which the ownership cannot be transferred normally because the said land cannot be obtained from the victim who did not meet the qualifications in the land transaction permission zone.

Nevertheless, as above, the Defendant deceivings the victim, and accordingly, received a total of KRW 150 million from the victim three times around that time, as the price for land sale.

[2] Even if the Defendant borrowed money or received money under the pretext of real estate investment, the Defendant did not have any intent or ability to repay the money borrowed or to make an investment in real estate.

1. On or before and after November 30, 2010 and December 2, 2012, the victim G from the lusium on two occasions: “I will return money borrowed until December 3, 2010 if I have borrowed five million won as I have recently received KRW 100,000,000,000,000,000,000,000 won, and if I have borrowed it, I will return the money borrowed until then” ( there is no fact that I would have received KRW 10,000,000,000,000,000,000 won). I have been transferred from the victim on two occasions at that time as a loan from the victim.

2. Around August 22, 2011, the victim H is worth KRW 6 million on the loan in a seal.

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