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(영문) 청주지방법원 2017.10.20 2017고단1793
사기
Text

A defendant shall be punished by imprisonment for not less than four years and six months.

The defendant will pay the applicant D the amount of KRW 114 billion.

Reasons

Punishment of the crime

[criminal records] On March 14, 2013, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Seoul Central District Court, and completed the execution of sentence at the Cheongju Prison on August 22, 2014.

"2017 Highest 1793"

1. On March 12, 2015, the criminal defendant against the victim E would allow the victim to take over the apartment building in Jeju-do, “If the registration cost is to be incurred in acquiring the apartment building and the apartment building is leased three million won, then the above building will be under the joint name of the victim.

“A false statement” was made.

However, the fact that there was no plan to acquire a commercial building at the time and there was no fund to acquire the building, and even if it borrowed money from the injured party, there was no intention or ability to acquire the building in the joint name with the injured party.

The Defendant received KRW 3 million from the injured party, i.e., from the injured party, a sum of KRW 36,50,000 from that time until July 6, 2015, as shown in Table 1 of the List of Crimes.

Accordingly, the defendant was given property by deceiving the victim.

2. Fraud against the victim C;

A. On June 15, 2015, the Defendant: (a) was responsible for the victim’s structural construction of the instant multi-use commercial building located in the Junggu-gu, Daegu-si; and (b) was responsible for the victim’s structural construction of the instant multi-use commercial building located in the Gu.

In order to receive four commercial buildings as a substitute, the building from the substitute shall be 10% of the construction cost and shall be registered only when the building is sold.

It is necessary to enter into a contract with 80 commercial buildings on the 1st floor, but it is intended to transfer the name of the commercial building on the 1st floor loan as the down payment is required.

“A false statement” was made.

However, there is no intention or ability to transfer the ownership of the building even if the money is borrowed from the injured party because of the fact that the above business building was entrusted.

On the 17th day of the same month, the Defendant received 27 million won from the damaged party to the Jeju Bank account under the name of the Defendant.

B. The Defendant around July 3, 2015.

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