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(영문) 대구지방법원 서부지원 2021.01.20 2018고단3364 (1)
사기등
Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

(e).

Reasons

Punishment of the crime

on May 24, 2016, the Defendant called the victim C on May 24, 2016 and sent to the victim C the benefit of KRW 15 million until July 22, 2016 by selling the down payment, KRW 20 million, real estate fee of KRW 5 million, and the construction design cost of KRW 6 million.

In other words, it was false to the effect that “....”

However, at the time, the Defendant had no fixed income and had the intent to use money from the injured party as living expenses, etc., so even if he received money from the injured party, the Defendant did not have the intent or ability to resell the land and make profits to the injured party.

On May 24, 2016, the Defendant received money from the victim under the name of KRW 20 million on May 24, 2016, under the name of real estate commission, as well as the transfer of KRW 5 million on May 24, 2016 and KRW 6 million on May 25, 2016.

Around March 2018, the Defendant knows that he/she purchased a previous commercial building, and even if he/she knows it, he/she well knows that he/she purchased the previous commercial building, at a real estate office where the trade name is unknown at a location of no Daegu or lower operated by the Defendant.

Around April 3, 2018, F made a false statement to the effect that “The person in charge of loan and appraisal and talked with the person in charge of the loan and appraisal was different,” and that “I would end the appraisal and loan well if I would like to pay KRW 2,00,000 to the person in charge of the business trip.”

However, since the defendant was the intent of using the above money for living expenses, etc. from the injured party, even if he received the money from the injured party, he did not have the intent or ability to allow the injured party to obtain the loan.

The Defendant, on April 3, 2018, is a company name bank account (H) with the account designated by the Defendant from the damaged person.

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