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(영문) 인천지방법원 2015.07.15 2015고단1578
사기
Text

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

The defendant 56.4 million won to C who is an applicant for compensation, and 2.4

Reasons

Punishment of the crime

On March 17, 2011, the Defendant reported marriage with F on March 17, 201, but reported divorce on January 23, 2015.

From November 2010, the Defendant resided in 303 Dongdong G apartment 304, 304, Seo-gu, Seo-gu, Incheon around November 6, 2012, and purchased apartment units of H and 207 Dong 1202 in the name of Defendant’s wife F, with loans of 250 million won in the name of Defendant’s wife F.

In fact, the Defendant did not receive a refund of KRW 45 million from the said G apartment lessor I, and did not contact with I, which was difficult to receive a refund of the lease deposit on November 8, 2012, such as the completion of the lease registration order, and the said apartment was under auction, and was not easy to receive a refund of the lease deposit. The credit card payment liability was KRW 4 million per month, and the Defendant did not have any particular property, and even if he borrowed money from the victim C and J’s husband, even though he did not have any intent or ability to pay it at the time, he did not know to the wife, and did not intend to obtain the money by fraud.

1. Fraud against the victim C;

A. On September 4, 2012, around 14:30 on September 4, 2012, the Defendant made a false statement to the victim working in the Nam-gu Incheon Nam-gu L Bank that “I would return the deposit for lease on a deposit basis, which was not yet returned from the owner of the house in purchasing an apartment.”

However, since it is difficult to refund the lease deposit, there was no intention or ability to pay the deposit in time even if the victim borrowed money from the victim.

The defendant received 25 million won from the victim to the new bank account in the name of the defendant on the same day.

B. On November 9, 2012, the Defendant calls again to the victim without any intent or ability to pay such amount, and calls again to the victim without any intent or ability to pay for the purchase of the apartment. The Defendant’s false statement to the effect that “The purchase of the apartment is insufficient to pay the amount of money for lease on a deposit basis.” Accordingly, the Defendant is above KRW 10 million on the same day from the victim.

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