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(영문) 창원지방법원 진주지원 2019.06.13 2018고합22 (1)
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for seven years.

Of the facts charged in the instant case, the victim B was committed on May 31, 2013 and the victim C.

Reasons

Punishment of the crime

On June 9, 2011, the Defendant was sentenced to one year of imprisonment for fraud at the Seoul Northern District Court (Seoul Northern District Court). On December 8, 2011, the Seoul Northern District Court completed the enforcement of the said sentence.

At around 2013, the Defendant had no particular property and occupation, and had no income therefrom, and therefore, in spite of having borrowed money from others, he did not have the ability to repay it with others, while operating a high-class external-class benz car, and did so as if he owned several parcels of real estate and operated accommodation business, such as Moel, and received money by deceiving victims as if he conducted a real estate development business.

1. Around May 28, 2013, the Defendant stated that “The Victim B, in F located in Namwon-si E, the victim B, “The Victim B, who would be entitled to civil engineering construction permission for the two parcels located in the Namwon-si G and H, whose purchase was purchased, changed the victim’s KRW 20 million.”

However, even if the defendant receives money from the victim, he did not have the ability to get civil construction permission for the above land.

Nevertheless, the Defendant, as above, by deceiving the victim, received from the victim the transfer of KRW 15 million to the J bank account in the name of the Defendant, and five million to the K Bank account in the name of the Defendant, respectively.

This part of the facts charged states that the defendant was transferred the full amount of KRW 20 million to the J account under the name of I, but according to the records, it is recognized that he was transferred to the defendant's K bank account (Evidence No. 1, No. 434, No. 64, No. 16 of the Evidence No. 1, No. 6), and it is corrected to the extent that there is no substantial disadvantage in exercising the defendant's right to defense.

In addition, even if the defendant receives money from around that time to December 5, 2013, the defendant does not have the intent and ability to pay the money to the victim with the civil construction permission for the land of the victim.

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