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(영문) 부산지방법원 2015.02.11 2014고단7526
사기
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

[2014 Highest 7526] The Defendant used the provisional name of “D” to the victim C without any particular property, occupation, and income other than KRW 10,000,000,000 for deposit money, and used it as if he had an unmarried re-afluence in operating a futures company. As if he were the prosecutor, doctor, or the president of a small and medium-sized enterprise, the Defendant saw the victim as having been married with the victim, and was able to use money for the repayment, etc. of the Defendant’s credit card payment by receiving money from the victim for various purposes.

1. On July 8, 2011, the Defendant: (a) leased the F building 509,000 won, monthly rent of KRW 550,000,000 for 1 million, monthly rent of KRW 5500,000 for 500,000 for 500,000 for 50,000 for 500,000 won for 509; and (b) as if the Defendant was not the owner, the Defendant was the owner of the F building in the short term; (c) on the part of the victim, the Defendant received 4 million won from the victim as the lease deposit money under the name of G on August 8, 2011, and received 4 million from August 8, 2011 to September 3, 2011, and acquired 100,000 won for 4,000 won as indicated in the attached list of crimes (1).

2. On September 8, 2011, the Defendant: (a) the Defendant did not have the intent or ability to receive a successful bid of the studio through an auction, such as that the Defendant did not experience in real estate auction and did not have any physical fact that the studio was awarded to the victim; (b) the Defendant was transferred from the victim to the corporate bank deposit account (H) in the name of the victim who lent KRW 7 million to the Defendant for the purchase price of the studio from the auction on or around September 8, 2011.

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