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(영문) 수원지방법원 2016.08.11 2016고단3456
사기
Text

A person shall be punished by imprisonment with prison labor for not less than two months and by imprisonment for not more than three months for the crimes of No. 2 as stated in the judgment of the defendant.

Reasons

Punishment of the crime

On February 3, 2015, the Defendant was sentenced to a suspended sentence of two years in Seoul Western District Court for a violation of the Act on the Control of Narcotics, etc., and the said judgment became final and conclusive on June 19, 2015.

Victim C was owned by himself on October 2014

During the process of selling D Condominium membership (hereinafter “D Condo membership”), the F Condo membership was purchased upon the proposal that “only selling D Condo membership is difficult.” The F Condo membership will be sold at once with D/D membership owned by the victim if the F Condo membership is additionally purchased.”

However, E did not abide by the promise, and as the victim resisted, E could solve the problem and introduced the defendant to the victim.

1. On May 21, 2015, the Defendant made a false statement to the victim C on May 21, 2015, 201 to the effect that “The Defendant transferred three of the container memberships to the victim’s name when paying the transfer cost, and then sold three of the container memberships at once, and returned the price corresponding to the two container memberships to the victim.”

However, even if the defendant receives money from the injured party, he did not have the intent or ability to sell the contact membership owned by the injured party.

On May 22, 2015, the Defendant: (a) by deceiving the victim; and (b) transferred KRW 528,000 to the account in the name of Bluan Island, a stock company around May 22, 2015.

2. On July 11, 2015, the Defendant asked the victim to sell contact membership by telephone and urge the victim to sell contact membership. The Defendant is in contact with the victim because there is no money.

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