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(영문) 대전지방법원 천안지원 2018.05.31 2018고단598
사기
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Records] The Defendant was sentenced to two years of suspended sentence in March 24, 2017 by the Seoul Western District Court on March 16, 2017 due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (do referred to as "the main sentence") at the Seoul Western District Court, which became final and conclusive on March 24, 2017 and is currently under suspended sentence.

[Criminal facts] The Defendant: (a) around August 7, 2017, at the C cafeteria located in Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu; and (b) at the victim D, “One floor of the E apartment in Sung-gu, Gyeonggi-do.”

The apartment from auction can be purchased with a lower price than the market price and sold with a greater amount of money, and only four million won can be seen as a profit from the investment of at least five million to nine million won.

A loan can be granted to an operator of the work loan business in the amount of KRW 20 million if he/she passes through the operator of the work loan business in the Republic of Korea, which is subject to a refund of approximately KRW 20 million of the auction deposit as he/she is awarded a successful bid on the Triday, so the investment principal is returned immediately, and the profit is next to the lease or monthly rent of the apartment which has already been sold later.

The phrase “ makes a false statement.”

However, in fact, the defendant did not have the intent or ability to pay the principal of the investment to the victim because he did not have any idea to participate in the auction as a result of receiving money from the victim for the purpose of auction funds.

As such, the Defendant, by deceiving the victim, was transferred from the victim to the F bank account in the name of the Defendant, KRW 10 million around August 9, 2017, KRW 2.1 million around August 16, 2017, KRW 1.3 million around August 18, 2017, and KRW 1.3 million around August 18, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Complaint;

1. A detailed statement of deposit transactions;

1. Recording notes;

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, report on investigation (verification of the period of suspension of execution), and application of statutes of the judgment;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, the selection of fines, and the selection of fines;

1. The Criminal Act to attract a workhouse;

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