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(영문) 인천지방법원 2017.07.20 2016고단9149
사기
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.

Reasons

Punishment of the crime

1. On August 6, 2010, the Defendant, at the victim D’s house located in Incheon Strengthening-gun C, attempted to immediately sell the land located in the reinforced military E, from the victim’s house located in Incheon Strengthening-gun C, to the victim without delay. The purchase funds are insufficient.

If the inside of this land is purchased, the person who is to purchase the land immediately is waiting to purchase the land.

B. If you lend KRW 100 million to B, you shall purchase the land immediately and shall sell it, and shall pay KRW 110 million until September 6, 2010.

‘False speech' was made.

However, at the time, the Defendant had a debt equivalent to one billion won, and the seizure or provisional seizure of the real estate under the name of the Defendant was repeated, and the “Seoul Strengthening-gun E”, which the Defendant intended to purchase, was blind without a road, and the road site was not secured at all, so even if the real estate was purchased from the damaged party, it was sold within one month, and there was no intention or ability to repay the money borrowed from the damaged party with the profit.

The Defendant received KRW 100 million from the injured party on the same day as the borrowed money.

2. On September 1, 201, the Defendant issued the victim D’s house located in Incheon Strengthening-gun C with a KRW 10 million under the name of interest for KRW 100 million borrowed from the victim on August 6, 2010, and again borrowed KRW 5 million to the victim again and additionally borrowed the victim’s money until September 31, 201.

‘False speech' was made.

However, at the time, the Defendant did not have any particular value property and did not pay any balance on the “Seoul Reinforcement-gun E 15,528 square meters”, and eventually, even if the Defendant borrowed additional money from the injured party, such as paying the down payment, etc., due to the failure to purchase the said real estate, he/she did not have any intention or ability to pay the full payment within one month.

The Defendant received KRW 5 million from the injured party on the same day as the borrowed money.

Summary of Evidence

1. The defendant's legal statement (as at the fifth public trial date;

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