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(영문) 광주지방법원 목포지원 2016.01.12 2014고단1319
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

The request of the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On February 4, 2009, the defendant was sentenced to a suspended sentence of one year of imprisonment with prison labor for perjury by the Gwangju District Court on February 12, 2009, and the judgment became final and conclusive on February 12, 2009.

1. On October 2007, the Defendant made a false statement in the E convenience store operated by the victim C, which was operated by the victim C, who was located in the Southern-gun, Southern-gun, not later than the beginning of October 2007, on the following grounds: “The Defendant was put at auction of the non-frequency apartment of 24 square meters in Sinpo-si, and thus, purchased the apartment at KRW 27 million.”

However, the defendant did not have received the above apartment auction, and there was no intention or ability to sell it to the victim.

Nevertheless, on November 2, 2007, the Defendant, by deceiving the victim as above, received 10,000,000 won from the post office account (F) in the name of the Defendant under the name of the said apartment purchase contract money from the victim who is affiliated therewith, and acquired it by deceit.

2. On January 21, 2008, the Defendant, at the above E convenience store, concluded that “The victim C was in the process of constructing a marc first in the vicinity of the passenger terminal at the time of Mapopo-si, and the two households were sold in lots,” thereby making a false statement to the victim C.

However, in fact, the defendant did not have the intention or ability to sell the above solution with the victim.

Nevertheless, the Defendant: (a) by deceiving the victim, and then deceiving the victim on January 21, 2008; (b) obtained KRW 23,000,000,000 from the victim, a total of KRW 23,00,000,00 from the delivery of KRW 10,000,000, KRW 5,000,000.

3. On March 10, 2008, the Defendant made a false statement to the victim C, stating that “The Defendant would make payment three months after lending the card amount to the victim C.”

However, the defendant did not have any particular income or property at the time, so even if he borrowed money from the injured party, he did not have the intention or ability to pay it.

Nevertheless, the defendant deceivings the victim as above and transfers 5 million won to the national bank account in the name of the victim used by the defendant on the same day from the victim.

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