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(영문) 부산지방법원 동부지원 2019.07.11 2019고단118
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On December 14, 2017, the Defendant was sentenced to imprisonment with prison labor for six months at the Daegu District Court for the crime of taking property in breach of trust, and the said judgment became final and conclusive on December 22, 2017.

Around June 2017, the Defendant made a false statement that “A contract for service with D shall be transferred KRW 10 million to the G account in the name of G, a F-related party, in order to enter into a contract for service with D and to rent to Busan E” in the B car page located in the Yongsan-gu Seoul Metropolitan Government, Yongsan-gu, Seoul.”

However, there was no fact that the F had requested the sale cost from the F, G was not a F related person, and when the victim remitted money, he was thought that the Defendant would receive the cash return from G and consumed it as the Defendant’s living cost, etc.

Nevertheless, on June 27, 2017, the Defendant, by deceiving the victim as above, received KRW 10 million from the victim to H account (Account Number I) in the name of G on June 27, 2017.

around April 21, 2017, the Defendant stated that “The fact in the vicinity of the J building in Yeongdeungpo-gu Seoul Metropolitan Government was able to intermediate and rent a good commercial building from L. To this end, 30 million won is required under the pretext of brokerage commission and premium, and 20 million won is changed.”

However, in fact L is a real estate consulting company with the intention to use L as a brokerage commission and premium, because L has determined the party who is responsible for the brokerage commission from the beginning. Since L is a contract for the commercial building lease of this case where a lessor is responsible for the rental fee, even though it was not necessary for the victim to pay the rental fee, the defendant did not intend to use L as a brokerage commission and premium.

Nevertheless, the defendant.

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