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(영문) 수원지방법원 안산지원 2014.06.18 2014고단738
사기
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Criminal facts

As the defendant is a real estate auction expert, the defendant has access to the victim B and has committed any of the following crimes in mind:

1. Around January 18, 2011, the Defendant made a false statement to the effect that “The Defendant, at the office of Songpa-gu Seoul Metropolitan Government 6th floor Co., Ltd. D, the Defendant had several auction items suitable for the construction of multi-household houses in the area of revenue sources and completed the analysis of rights. The winning price is KRW 250,000,000,000,000,000,000,000,000 won, as the appraiser paid 10% of the appraisal price, and transfers the amount of KRW 25,000,000,000,000,000 won.”

However, even if the defendant received a bid bond, he did not have the intention or ability to participate in the real estate auction.

As such, the Defendant, by deceiving the victim and deceiving the victim from the victim to the Defendant’s agricultural bank account on January 25, 201, received KRW 15 million from the victim, and acquired KRW 25 million in total from the victim on January 27, 201.

2. On July 31, 2011, the Defendant of 56 million won of the loan was the victim who promoted the return of the above KRW 25 million from the Posco Center on the first floor of the Posco Center located in the Gangnam-gu Seoul Westerndong, Gangnam-gu, Seoul. However, if the Defendant borrowed KRW 56 million of the loan, he/she would complete the full payment of KRW 81 million including KRW 25 million received before August 31, 201.

However, in fact, the defendant did not have any specific property or income and did not have any intention or ability to repay the money even if he borrowed the money because he did not have any domestic timber import date.

Around August 1, 2011, the Defendant, by deceiving the victim as such, received 56 million won from the victim to the deposit account of the National Bank E, and acquired it by fraud.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's office and police statement concerning B;

1. Application of each Act and subordinate statute of public receipt;

1. Relevant Articles of the Act and the choice of punishment concerning the facts constituting the crime;

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