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(영문) 서울중앙지방법원 2014.02.07 2013고단7608
사기
Text

A defendant shall be punished by imprisonment for four months.

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. Around 14:00 on May 22, 2012, the Defendant related to land appraisal and assessment, at a coffee shop where it is difficult to know the trade name prior to the Seoul subway No. 2, Seocheon-gu, Seoul Special Metropolitan City Seoul Special Metropolitan City (Seoul Special Metropolitan City). Around the same day, the Defendant asked the victim to receive an appraisal necessary to obtain a loan of E land from the victim C as a collateral and to receive an appraisal of the amount of KRW 510,00,000 from 470,000 to 510,000,000 won on the face of the week.

However, there was no intention or ability to receive appraisal even if the victim received money from the victim.

Nevertheless, the Defendant deceptioned the victim as above and received KRW 2 million from the victim, namely, from the seat, and received KRW 500,000 from the Defendant’s new bank account in the name of the Defendant on June 4, 2012; KRW 500,000 from the same account on June 7, 2012; and KRW 2 million from the same account on June 15, 2012; and acquired it by deception.

2. At around 15:00 on May 26, 2012, the Defendant, at the coffee shop as described in paragraph (1), said that “The Defendant would receive an appraisal from the victim C at the request of the victim C to demand an appraisal of the Helel located in G at the time of public offering owned by F, and that “The Defendant would receive an appraisal of KRW 2.7 billion on the face of security” from KRW 2.7 billion on the face of security.

However, there was no intention or ability to receive appraisal even if the victim received money from the victim.

Nevertheless, the defendant deceivings the victim as above, and he obtained 1.5 million won from the victim, namely, in the seat, and acquired it by fraud.

3. On June 5, 2012, at least 12:58, the Defendant related to church appraisal and assessment: (a) received a request from the victim C to conduct an appraisal on the building of the “K church” located in the YY-gu, Ansan-gu, Ansan-gu, Ansan-gu; (b) stated that “The Defendant would receive an appraisal of KRW 1.7 billion on the face of the guard, from KRW 1.8 billion on the face of the guard.”

However, even if money is received from the victim, the appraisal is made.

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