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(영문) 부산지방법원 2015.12.10 2015고단5882
사기
Text

A defendant shall be punished by imprisonment for one year.

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

On October 23, 2015, the Defendant was sentenced to six months of imprisonment for fraud at the Busan District Court on October 23, 2015, and the judgment became final and conclusive on October 31, 2015.

1. On April 29, 2015, the criminal defendant against the victim B told the victim B, who was working for the defendant in the Gangseo-gu Busan Metropolitan City, that "after purchasing the right to sell redevelopment of the hot spring 1 and 2 districts in Busan Metropolitan City, the defendant may be punished for the difference if he/she sold it with a premium attached thereto. If he/she invested 27 million won, he/she would repay 30 million won after the month."

However, in fact, the Defendant had been in a considerable amount of KRW 120 million at the time, and there was no intention or ability to pay KRW 30 million to the victim after the month when he/she purchased the redevelopment right or made a month when he/she received the said money from the victim for other purposes, such as paying the said money with the money received from the victim.

The Defendant was transferred from the victim to the Busan Bank account in the name of the Defendant to the Busan Bank account in April 30, 2015, KRW 20 million, and KRW 27 million on May 1, 2015.

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

2. On May 8, 2015, the criminal defendant against the victim E expressed that "the victim E, who was working for the defendant in the Busan High-gu Office, Busan High-gu, may be punished for the difference if he/she purchased the right to sell redevelopment in the redevelopment zone 7 North Northernbuk-gu, Busan High-gu, and attached a premium with a premium. If he/she invests in the amount of KRW 18 million, he/she would pay the difference in the amount of KRW 20 million on June 3, 2015."

However, in fact, the Defendant had been in a considerable amount of KRW 120 million at the time, and was thought to be used for other purposes, such as repayment of the said debt with the money received from the victim, so even if he received the said money from the victim, he did not have the intent or ability to purchase the redevelopment sale right or to pay KRW 20 million to the victim until June 3, 2015.

The defendant belongs to this.

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