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(영문) 부산지방법원 2018.11.06 2018고단1178
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On February 1, 2016, the Defendant stated that “E” in the “E” store located in Busan, Jin-gu, Busan, stating that “I would have to pay the card price to the victim F until September 2016, if I lend money to the Fund.”

However, in fact, the Defendant had no intention or ability to repay the debt amounting to KRW 600,000,000, even if he borrowed money from the injured party.

The Defendant received KRW 4,550,000 from the new bank account (Account Number: G) in the name of the Defendant from the injured party, and received KRW 25,450,00 in total on six occasions from that time to July 5, 2016, as shown in the list of annexed crimes.

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

On September 24, 2014, the Defendant entered into a lease agreement with H on September 24, 2014, 10 million won, monthly rent 550,000 won, and the lease period of 2 years between the victim and the victim, with respect to 302 Dong 2005, Busan-gu, Busan-gu, Busan-do, which is the victim, and resided in the above apartment from around that time to September 2016.

On the other hand, the Defendant borrowed KRW 10 million from J on July 27, 2016, and entered into a contract on August 22, 2016 with respect to the acquisition of a claim to transfer the above real estate deposit claim to K, who is the creditor of J, and sent the notice of the transfer of the claim to the victim on the same day.

On August 23, 2016, the Defendant called the victim’s phone to the Buddhist land for a certain place, and then directly changed the deposit money in cash because it is not in a situation where the passbook can be used because it is well-guaranteed. The court made a false statement to the effect that a certain document (referring to the notice of the transfer of the above claim) was presented by the court (referring to the notice of the transfer of the above claim), stating that the issue of the obligation has already been resolved within the documents, and that the document will be exempted from the deposit directly to us.”

However, as above, the Defendant had already transferred the security deposit claim to K, and the Defendant would receive the security deposit instead of the Defendant.

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