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(영문) 서울북부지방법원 2013.06.13 2012고단2450
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

1. On May 2008, the Defendant made a false statement to the effect that “The Defendant would create KRW 1 billion within a few years, by making an investment in the deposit to B and obtaining monthly rent,” even if the Defendant did not have the intent or ability to pay the profit, even if he received money from the victim E even if he received an investment from the victim E, the Defendant would make up for the same month from the victim.

8. Receiving KRW 25 million from an account in the name of the defendant to be transferred to an account in the name of the defendant, and remitting KRW 50 million on the 28.5 million of the same month to a single bank account in the name of F, the same year;

7. 31. The victim paid KRW 50 million as monthly rent deposit after being issued one cashier's checks of KRW 125 million from the above D real estate, and the victim acquired KRW 150 million in total.

2. On July 29, 2009, the Defendant received money from the victim E on July 29, 2009, the Defendant did not have the intent or ability to pay profits even if he received money from the victim E, and the Defendant did not have operated G or supplied products under a contract with the LGM, the Defendant acquired money from the victim, i.e., e., remitted money of KRW 50 million, including interest, from the victim, to the effect that the Defendant provided the products under a contract with the LGM and then received money of KRW 50 million from the victim.

3. The Defendant, around 16:00 on March 16, 2010, at the I Licensed Real Estate Agent Office located in Gangnam-gu Seoul, Gangnam-gu, Seoul, as well as the I Licensed Real Estate Agent Office, recommended to make an investment in real estate among many and unspecified persons, was difficult. The fact is that, even if he was to be used in paying the principal and interest of the existing investors, it would result in making a sublease to other persons after concluding a commercial lease agreement with the victim J., which would be the intention to use in repaying the principal and interest of the existing investors. As such, it would be possible to create profits by making a multiple sub-lease agreement, the Defendant would distribute the profits.

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