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(영문) 전주지방법원 군산지원 2017.09.13 2016고단456
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

However, this judgment is delivered to the Defendants.

Reasons

Punishment of the crime

1. On September 2014, the Defendants’ joint crime committed by the Defendants would have made a lot of profits if they purchased the victim’s 3,624 square meters and J 1,636 square meters from the Defendant’s office in the HA certified broker office operated by the victim G located in the Donsan-si, Seoul Special Metropolitan City, Yasan-do. In addition, the Defendants would have made a lot of profits if they newly construct and develop and dispose of studio, electric power resource, etc.

The loan of KRW 50 million shall be paid with interest of KRW 20 million until October 17, 2014 plus KRW 70 million.

Defendant B said, “The 20 million won should be paid as down payment to K by the land seller, and the 30 million won should be transferred to K as down payment, and the 30 million won should be transferred to the account in the name of ASEAN in order to use it as bank loan expense.”

However, in fact, Defendant A tried to receive money from the injured party and use the same money as personal debt repayment, etc. Defendant B only intended to use the same money for personal purposes with the same money borrowed from Defendant A as personal debt repayment, and there was no intention or ability to purchase and develop the land.

Nevertheless, the Defendants are in the same manner victims of damage.

9. Around 24.20 million won was remitted to the post office account in the name of K, and KRW 30 million was remitted to the NA account in the name of Defendant B, and to the NA account in the name of Defendant B.

As a result, the Defendants conspired to attract the victim to receive the goods.

2. Defendant A

A. On November 18, 2013, the Defendant sent KRW 7 million at the work cost to raise the credit rating for the N Construction M by phoneing the victim M at an influence place on November 18, 2013.

G. The phrase “FEA” was false.

However, even if the defendant received money from the injured party, he only intended to use it for personal purposes, such as living expenses, and did not have an intention or ability to raise the credit rating of the above company.

Nevertheless, the defendant shall belong to the injured party on November 22 of the same year, O.

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