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(영문) 부산지방법원 2013.04.18 2012고단6393
사기
Text

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

Reasons

Punishment of the crime

[2012 Highest 6393] Defendant is a person who has no fixed occupation.

Around June 2010, the Defendant, who was urged to incur a loan due to the failure to obtain money from another person, had the victim C (34 years of age) who was aware of in the camping club at the time of the camping club, and had the victim C (34 years of age) with the intent to acquire money from the victim by selling the land in the name of the parent of the racing and selling the land to the extent of KRW 300 million.

However, on September 20, 2009, the parent-owned land in racing had already been concluded with a contract of KRW 110 million on September 20, 2009, and there was no possibility that KRW 300 million would be raised even if the balance is paid, and since the parent-owned of the defendant was unaware of the fact that he borrowed money from the victim, even if he disposed of the land, the defendant could not use the purchase price, and eventually, he did not have any intention or ability to repay the money borrowed from the victim.

Nevertheless, around July 8, 2010, the defendant, at the E office located in Gangseo-gu Busan Metropolitan City, stated that "the defendant has borrowed money to make an erroneous investment in money, and there is land in the name of his parent if he has lent money. It is possible to dispose of KRW 300 million if he has transferred only one cemetery in that place, and all shall be resolved if ten months have passed, and if he borrowed KRW 4 million, he shall be repaid within two weeks if he has borrowed it, he shall receive KRW 4 million from the victim on the same day, and shall receive KRW 25 million from the victim on the same day on the same day on July 15, 2010, and shall obtain KRW 5 million from the victim on the first day of August 2010, and shall obtain KRW 5 million from the victim on the same method as the victim on the first day of November 2010, and shall obtain KRW 286,600,000 from the victim on the same method as the victim on the first day of October 28, 2010.

[2012 Godan9638] The defendant is running racing on February 4, 2010 by the E office located in Gangseo-gu Busan Metropolitan Government D, and "10 million won" to the victim F.

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