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(영문) 대전지방법원 2013.11.11 2013고단1242
사기등
Text

A person shall be punished by imprisonment with prison labor for not more than two months and by imprisonment for not more than one year and six months for the remaining crimes as stated in the judgment of the defendant.

Reasons

Punishment of the crime

On January 4, 2008, the Defendant was sentenced to six months of imprisonment with prison labor for fraud, etc. and two years of suspension of execution on January 12, 2008, and the said judgment became final and conclusive, and was engaged in a commercial building and apartment sale agency business.

1. The defrauded C was the one who sold the “D” shopping mall 204 and entrusted the Defendant with the sale and purchase of the said shopping mall.

On October 22, 2007, the Defendant called the victim C(50 years of age) at the sales office of the D Building in Sungsung-si, and told the victim C(50 years of age) to the effect that “A person is to purchase D shop 204, which was asked by the party to sell it, but that there was no one to do so and to do so, and thus, the Defendant borrowed KRW 2 million as there was no money to do so.”

However, even if the Defendant borrowed money from the victim, it was thought that not only did not have the intent or ability to repay it, but also the above borrowed money was used as personal living expenses, and such words were all false.

Therefore, the Defendant received KRW 2 million from the victim to the company bank account in the name of the Defendant’s name on the same day, and received KRW 9 million in total five times from the time to May 31, 2008, as shown in the annexed crime list (1).

2. On November 2007, the Defendant: (a) on the first day, at the sales office of the above D building, the Defendant had the Defendant keep the passbook, seal, etc. in the name of the Tong E, which was submitted by the said C to the sales office for the convenience of handling the affairs in order to receive the refund amount for the sales price of the above D building; and (b) in order to receive the deposit of the refund amount

In this regard, the Defendant, on November 9, 2007, deposited KRW 8,450,020 from the Suwon Tax Office to the above bank account, and the fact is that there is no authority to withdraw the money from the above account, and the victim who is in the district of Sung-nam City around November 12, 2007 is the victim.

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