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(영문) 수원지방법원 여주지원 2015.01.13 2014고단347
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

The application for compensation order of this case shall be dismissed.

Reasons

Punishment of the crime

After the Defendant got the victim B, who was North Korean defectors, to be in a personal relationship, he did not have any assets, and introduced that he was a person who owns 11 bonds and received fixed benefits of KRW 500,000 per month through sports-related business, while carrying out a construction business even though he did not have any assets. The Defendant neglected his own ability to purchase the above real estate as well as to purchase it under the name of the victim and make it possible for him to do so.

1. On August 27, 2011, the Defendant borrowed money to the effect that, around August 27, 2011, “the victim was urgently required to pay money to the victim” at the victim’s residence located in the D apartment 205 Dong 1108, Nowon-gu, Seoul Special Metropolitan City. The next day is set up, and the money to receive the loan was paid immediately.”

However, in fact, the defendant did not have a situation where the money was made on the following day or the loan was made soon, and no other asset or profit was made and there was no intention or ability to repay the amount of damage to the victim.

As such, the Defendant, by deceiving the victim as such, received KRW 3 million from the Defendant’s bank account on August 27, 201, via the Defendant’s bank account on the pretext of borrowing money from the victim, and received KRW 9 million in total from the Defendant on September 17, 201, and KRW 4 million on September 17, 201.

2. On September 28, 2011, the Defendant made a false statement to the effect that, at around September 28, 2011, the victim’s residence as stated in paragraph (1), there was a good land from the victim’s low-value in good faith, and that, upon purchasing KRW 100 million, the land is worth selling KRW 200 million after three months. If the purchase price of the land is leased KRW 100 million, the Defendant may reduce KRW 200 million after three months.

However, in fact, the defendant purchased land as stated by the victim, or reselled it for three months, so that there was no intention or ability to leave the proceeds from resale, and receive the damages.

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