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(영문) 부산지방법원 2015.05.19 2014고단4311
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 30, 2013, the defendant was sentenced to imprisonment for 4 months with prison labor and 2 years of suspended execution in Busan District Court, and the above judgment became final and conclusive on July 5, 2014.

1. On January 2013, the Defendant made a false statement to the victim D at the office located in Gangseo-gu Busan, Gangseo-gu, Busan, that “The purchase price of the E apartment at KRW 116, 1403, 33,000,000,000,000 from KRW 27,000,000,000,000,000,000 won.”

However, even if the defendant received the above money from the victim at the time, he did not think that he would purchase E apartment 116 dong 1403, and there was no intention or ability to purchase the E apartment 116 dong 1403, even if he received money from the victim because he thought that he would make a distributed investment in several tickets in the real estate where he purchased the E apartment 1.

Around February 19, 2013, the Defendant received KRW 13 million from the victim as the purchase price for E Apartment No. 116 Dong 1403 around February 19, 2013.

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

2. On March 21, 2013, at the place indicated in paragraph (1) of the same Article, the Defendant made a false statement to the victim D that “E apartment 104 Dong Dong 801 is subject to the right to sell, and the Defendant jointly purchased the right to sell, and divided the profits.”

However, even if the defendant received the above money from the victim at the time, he did not think of purchasing E apartment 104 - 801 - 104 - 801 - it was thought that the defendant would make a variety of distributed investments in the purchase of E apartment - from the real estate in which the defendant was working, so even if he received money from the victim, he did not have the intention or ability to purchase the E apartment 104 -

The Defendant received KRW 9 million from the victim for the purchase price of E apartment No. 104, 801 on the same day.

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

Summary of Evidence

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