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(영문) 광주지방법원 2017.09.22 2016고단5732
사기
Text

A defendant shall be punished by imprisonment for not less than five months.

Reasons

Punishment of the crime

1. The Defendant, around October 24, 2014, lent money to the victim D in the Defendant’s residence located in the Nam-gu Seoul metropolitan area, “if he/she lends money in return for selling the E land, he/she shall be paid with the remaining money after selling it.

On December 25, 2014, I will set up a collateral security on one side and make a full payment of money until December 25, 2014.

In addition, the victim made a false statement to the effect that he/she would pay 13 million won to the victim's dynamic land by adding up the penalty of 3 million won that he/she had not been paid as a result of the death of the victim.

However, the defendant did not have entered into a contract to purchase the above land, and was thought to be used for other purposes, such as the payment of equipment costs to the defendant with money from the victim, and the defendant was engaged in the unregistered brokerage business, and there was no certain income, and there was no intention or ability to pay the borrowed money to the victim properly.

Nevertheless, the defendant deceivings the victim as above and transferred 9 million won to the account in the name of the defendant's wife F on the same day from the victim.

2. On October 29, 2014, the Defendant lent KRW 10 million to the victim D to sell well-known land at the Defendant’s residence located in the Nam-gu Seoul metropolitan area around October 29, 2014. The Defendant offered the said land as security, sold the land, and simultaneously repaid money.

On December 5, 2014, a false statement was made that “to repay money by December 5, 2014.”

However, in fact, the defendant is running a brokerage business without registration, and there was no certain income, and there was no other property, and there was no other intent or ability to pay the borrowed money properly to the victim because he was not able to purchase the above land normally due to the lack of the remaining purchase of the above land 90 million won.

Nevertheless, the defendant deceivings the victim as above and transferred 10 million won to the account in the name of F in the defendant's wife on the same day from the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. The witness D.

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