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(영문) 서울북부지방법원 2013.10.02 2013고단1188
사기등
Text

A defendant shall be punished by imprisonment for one year.

21,000,000 won shall be additionally collected from the defendant.

The additional collection charge shall be equivalent to the above additional collection charge.

Reasons

Punishment of the crime

On November 4, 2010, the Defendant was sentenced to 8 months of imprisonment for embezzlement and 2 years of suspended execution in the Suwon District Court’s Ansan Branch on November 4, 2010, and the above judgment became final and conclusive on November 12, 2010.

1. The Defendant was in a bad credit position while running a construction business, and there was no particular property in the name of the Defendant, and the real estate brokerage office was operated, but it was difficult to operate the office due to the fact that the real estate brokerage office was rarely no income, so even if he borrowed money from another person, the Defendant did not have the ability to repay it.

On March 25, 2009, the Defendant made a false statement to the D Licensed Real Estate Agent Office located in Ansan-si Member C, a member of Ansan-si, stating that “If he/she lends money to be used urgently, he/she would be repaid immediately if he/she would have borrowed money to be used promptly,” and received KRW 10 million from the victim.

B. On July 24, 2009, the Defendant, even though he did not have the ability to repay as above at the above D Licensed Real Estate Agent Office, made a false statement to the victim stating that “There is insufficient money in trying to purchase a commercial building in Bupyeong. If the Defendant borrowed KRW 30 million, he would purchase the commercial building and dispose of it and immediately repay it as profits.” The Defendant received KRW 30 million from the victim.

C. On February 10, 2010, the Defendant, at the above D Licensed Real Estate Agent Office, made a false statement that “If the Defendant did not have the ability to repay as above, he/she would immediately repay the capital gains tax after he/she paid the capital gains tax, if he/she borrowed money from F for the purpose of paying capital gains tax to the victim because he/she did not use it in any other place.”

Accordingly, the defendant deceivings the victim and defrauds the total amount of KRW 61.5 million over three times.

2. Violation of the Attorney-at-Law Act and fraud defendants are at the above D Licensed Real Estate Agent Office around May 2, 2010.

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