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(영문) 서울남부지방법원 2018.08.13 2018고단536
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[2018 Highest 536]

1. On November 7, 201, the Defendant was on the part of the Defendant who was in broad name C around November 7, 201.

D Telephone from the real estate office to victims E, “The security deposit of the house that had been under the internal management shall be deducted, and the security deposit shall be leased to the victim E, with a shortage of 15 million won out of 120 million won, and only 150 million won will be used and returned.

“A false statement and its affiliated members received KRW 15 million from the No. 310,000 from the injured party’s bank account (number F) opened in the name of the Defendant on the same day.

However, the defendant did not have any intention or ability to repay even if he borrowed the above money from the damaged person due to the situation in which he is urged to pay the amount of KRW 1 billion from the creditors.

As a result, the Defendant was given KRW 15 million by deceiving the victim.

[2018 Highest 2545]

2. On May 21, 201, the Defendant, in collusion with husband G, was working for the Defendant who is in broad life C around May 21, 201.

D In the real estate office, the victim H would be able to pay the principal until February 28, 2012, and the interest would be 3 copies (1.2 million won) per month. The interest would be 3 copies (1.2 million won) per month.

“Along with the false statement,” KRW 10,000,000 in total, and KRW 40,000,000 in total, from each remittance made to the Agricultural Cooperative Account (F) opened in the name of the Defendant on the same day from the injured party.

However, even if the Defendant borrowed money from the injured party, the Defendant did not have the intent and ability to purchase the real estate, and did not have the intent and ability to repay the borrowed money.

Accordingly, the defendant was given the above money by deceiving the victim in collusion with G.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E and H:

1. Application of Acts and subordinate statutes to a copy of a bankbook, details of transactions in a passbook, certificate of borrowing, and each transaction statement;

1. Relevant Article of the Criminal Act and Article 347(1) of the Criminal Act concerning criminal facts (E)

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