(영문) 청주지방법원 2019.02.21 2017고단2807

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(영문) 청주지방법원 2019.02.21 2017고단2807

사기

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

Reasons

Punishment of the crime

1. On January 31, 2008, the Defendant stated that “The Defendant would allow the victim B to rent the State-owned land in a considerable amount of Cheongju-si, by receiving a request from the public official in charge of asset management in advance of one-year rent from the staff of the Asset Management Corporation, in the middle of the mutually unclaimed real estate located in Cheongju-dong, Cheongju-si.”

However, even if the defendant received money from the victim, he did not have the intention or ability to allow the victim to lease the land.

After all, the Defendant, as mentioned above, acquired 3,50,000 won from the victim to the account of community credit cooperatives in the name of D as designated by the Defendant on the same day.

2. On February 5, 2008, the Defendant stated, at the same place as Paragraph 1 of Article 208, that “In order to enable the victim to receive the successful bid of the above apartment at the prime place, Cheongju-si E apartment F had been put into an auction, and the down payment of KRW 20 million is to be awarded.”

However, even if the Defendant received the down payment from the victim, he did not have the intention or ability to get the said apartment contract awarded by the victim, and was thought to use the said money for personal use, such as living expenses.

After all, the Defendant, as mentioned above, received money of KRW 20 million from the victim to the Agricultural Cooperative Account in the name of G designated by the Defendant on the same day.

3. The Defendant, at the same place as that of February 19, 2008, sent the victim a Cheongju-si building to a public auction, and the Defendant, at the same time as that of February 19, 2008, can live at 50 to 60% of the market price at the face value.

"......"

However, even if the Defendant received the down payment from the victim, he did not have the intention or ability to help the victim live the said building, and was thought to use the said money for personal use, such as living expenses.

Ultimately, the Defendant, as seen above, receives a false statement from the victim to the account in the name of G on the same day.

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