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(영문) 대전지방법원 2017.08.09 2016고단3864
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

1. On November 5, 2015, the criminal defendant, on November 5, 2015, posted a phone call to the victim C at an irregular place on November 5, 2015, and, “In order to operate a lending business office, the amount of fine of KRW 5 million in deposit, and KRW 400,000 in monthly income, was left the office.

On the other hand, if only one month is lent 10 million won, the office will be obtained with the money.

It has one apartment house equivalent to 50 million won in the city, and the lessee has committed the apartment house fraud.

Even if the apartment house is sold, the amount of KRW 1,700 to KRW 20 million remains even if the deposit and the loan are offered for the apartment house.

The money will be repaid to the first police officer of December.

Interest shall be paid at 3%.

The phrase “ makes a false statement.”

However, even if the Defendant received KRW 10 million from the injured party, it was thought that the Defendant would use all of the offices in D with money for personal purposes without the intention to rent the offices, and on the other hand, there was no agreement with the lessee to sell the apartment houses assigned to the first police officer in December, 199, and therefore, even if the Defendant borrowed money from the injured party, the Defendant did not have the intent or ability to repay the borrowed money to the first police officer of December.

Nevertheless, the defendant deceivings the victim as above and transferred 10 million won from the victim to the Nonghyup Bank account in the name of the defendant.

2. On November 24, 2015, the Defendant was guilty of fraud on November 24, 2015, with phone calls from the victim C at an influence place on November 24, 2015, and “50 million won is more required.”

If an apartment house granted as stated above is sold, it will pay the debt with the money if it is sold.

“A false statement” was made.

However, the Defendant did not have agreed with the lessee to sell apartment units assigned to the Defendant in December 12. Thus, even if the Defendant borrowed money from the injured party, the Defendant did not have the intent or ability to repay the borrowed money to the first patrol officer of December.

Nevertheless, the defendant deceivings the victim as above.

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