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(영문) 의정부지방법원 2018.01.26 2016고단5051
사기
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

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

Reasons

Punishment of the crime

"2016 Highest 5051"

1. On September 2, 2015, the Defendant concluded on September 2, 2015, the false statement that “The Defendant would give the victim the right to sell in lots to pay 6% of the selling price and 8% of the selling price of the commercial building if the deposit is KRW 100 million, in the E real estate in the Gangnam-gu Seoul Metropolitan Government Section D Operation of the Victim D, the Defendant would have the right to sell in lots to pay 6% of the selling price and 8% of the selling price of the commercial building.”

However, there was no fact that the Defendant purchased the above land from the land owner H, and there was no fund to purchase the said land, and even if the Defendant borrowed money from the damaged party due to the lack of approval or permission from the competent authorities for development activities, it was thought that the Defendant would make up for personal debts, etc., and did not have any intent or ability to pay the money to the injured party or to have the right to sell the pentaf

Nevertheless, the Defendant was transferred 100 million won to the J bank account (K) of the Defendant’s female living together on the same day from the injured party.

2. On November 13, 2015, the Defendant, on November 13, 2015, made a false statement to the victim in the Gangnam-gu LAM office, stating, “The Defendant would make an investment of KRW 100 million to KRW 52 million, which is scheduled to be constructed in Gangwon-si F.”

However, there was no fact that the Defendant purchased the above land from the land owner H, and there was no fund to purchase the said land, and even if the Defendant borrowed money from the damaged party due to the lack of the pertinent authority to obtain permission or permission for development activities from the competent authorities, it was thought that he would be able to consume the money by repaying personal debts, etc., and there was no intention or ability to sell the said money, or to sell the said money.

Nevertheless, the Defendant was transferred 52 million won to the said I’s account on the same day from the injured party.

Accordingly, the defendant acquired 152 million won from the injured person on two occasions.

"2017 Highest 2283".

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