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(영문) 대전지방법원 홍성지원 2017.02.22 2016고단872
사기
Text

A defendant shall be punished by imprisonment for six 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 March 20, 2016, the Defendant: (a) around March 20, 2016, at the real estate brokerage office located in the Chungcheong-gun apartment complex B, Chungcheongnam-gun apartment complex, the Defendant borrowed money from the victim D, who is an apartment resident of the same apartment, and was unable to pay the borrowed money to the victim by the due date; (b) even if the Defendant borrowed money from the victim D, he/she did not intend to deliver the said apartment owned by the Defendant and did not have any intent or ability to repay the borrowed money to the victim by the due date, such as having no intention to deliver the said apartment 103 808,000,000 won, the Defendant would pay the victim the borrowed money to the victim until May 9, 2016.

If the internal organ fails to repay the borrowed money by May 9, 2016, it stated to the effect that the test to deliver the apartment No. 2103 808, which he lives in and out of the house to the party, does not directly reside in the apartment house or rent it to the third party and causes the third party to receive the monthly rent.

As such, the Defendant, by deceiving the victim, received KRW 10,50,000 from the victim to the Agricultural Cooperative Account in the name of the Defendant, including KRW 4.8 million on March 20, 2016, KRW 4.7 million on March 21, 2016, KRW 4.7 million on loan, and KRW 2 million on March 22, 2016.

2. On March 29, 2016, the Defendant: (a) assumed excessive debts as described in paragraph (1) around March 29, 2016; (b) even if borrowing money from the victim D, the Defendant was planned to use the borrowed money to repay his/her personal debt until the due date; and (c) was not planned to use it as the purchase price for the land, the Defendant purchased the land registered in the name of E from E from E before the due date; and (b) sold the land to G who wish to purchase the said land to obtain profits from the sale of the said land; and (c) lent KRW 20 million to B to use it for the purchase of the said land. On March 29, 2013.

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