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(영문) 수원지방법원 성남지원 2019.02.20 2018고단1862
사기
Text

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

Reasons

Punishment of the crime

[criminal power] On November 8, 201, the Defendant was sentenced to two years of suspension of the execution of imprisonment with labor for fraud, etc. at the Suwon District Court on October 201, and the judgment became final and conclusive on November 16, 2012.

【Criminal Facts】

On June 15, 2012, at the D Licensed Real Estate Agent Office operated by the victim C in Gyeonggi-si, Gyeonggi-si, the Defendant asked the victim to purchase the land in 3.35 billion won in Masung-si, the land in Masung-si, 33,025 square meters in G, 833 square meters in 337 square meters in G, and 139 square meters in 3.5 billion won in H, and the owner of the land in 337 square meters in Gyeongsung-si, and requested that the victim return the down payment to the owner of the land in Masung-si, and the victim contacted with the owner of the land in Masung-si on June 28, 2012 and purchased the land in 3.35 billion won in Masung-si, but in the J Licensed Real Estate Agent's office located in Masung-si, etc. to purchase the land in e.g., the land to return the down payment.

On July 10, 2012, the Defendant made a false statement to the victim of the said D Licensed Real Estate Agent Office stating that “When a purchaser of land in emulculation grants a permission for a recycling plant, 6.5 million won shall be paid to the purchaser of recyclables. To make a prompt permission, the Defendant shall pay 40 million won to the civil engineering design office and design work office and the funeral facility for the treatment of unpaid and unpaid graveyard, and if 40 million won is lent, 10 million won shall be paid by obtaining a permission within two months. If the permission is granted, 40 million won shall be refunded without the permission.”

However, in fact, the defendant was planned to use the borrowed money for personal purposes, such as criminal case agreements, debt repayment, living expenses, etc., and there was no idea to obtain factory permission on the land at the time, and there was no specific property at the time and there was no ability to intend to repay the borrowed money even if he borrowed money from the victim.

On July 10, 2012, the Defendant, on the same day, shall be 15 million won with a single bank account (M) in the name of L on July 14, 2012 from the victim.

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