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(영문) 대구지방법원 상주지원 2017.05.30 2016고단591
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

1. On October 2014, the Defendant stated to the effect that “The victim C was at approximately KRW 700,00,000,000,000 in good land located near the Do Office and the Sigcheon-gun, Seocheon-gun, Gyeongcheon-gun, the New City,” and that “The Defendant would purchase this land by receiving a loan from the Do office, and if the land is removed in advance, the Defendant would divide profits from the 75,000,000 won.”

However, at the time, the Defendant did not have confirmed the land located in the name of the above or consulted with the seller on the land located in the name of the above, and did not have any way to purchase the land located in the name of the 75 million won since the loan of the remaining amount was not carried out at all. The Defendant was in a relationship of deferred payment of the money received from the injured party.

D) In the event that money is transferred from the injured party at the time, there was no intention or ability to purchase the land located on the face of a name, even if the money is transferred from the injured party at the time, such as lending to D, consumption of living expenses, etc., and consumption for the purchase of land located on the face of a name.

Around October 25, 2014, the Defendant acquired 75 million won from the injured party to the national bank account under the name of the Defendant South East Eastern E by remittance.

2. On January 2015, the Defendant told the victim C to the effect that “The 700 square ground located in the Yacheon-gun, Yacheon-gun, Yacheon-gun, Yacheon-gun, Gacheon-gun, Gacheon-gun, Pacheon-gun, which was purchased, exceeds KRW 10 million per square day. As such, if the Defendant additionally purchased two lots of land located in the vicinity of the Yacheon-gun, then it would be clearly larger, and if sending 80 million won, it would lay off the land.”

However, at the time, the Defendant did not purchase the land of 700 square meters located in the Chocheon-gun, and there was no fact that he was aware of two parcels of land near it, and there was no fact that he received money from the injured party.

D Use by means of loan or cost of living, etc.

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