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(영문) 창원지방법원 2018.10.18 2018고단958
사기
Text

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

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On October 2016, the Defendant committed a crime around January 2016, the Defendant first sold apartment bonds to C with a view to selling apartment bonds 10 to the Defendant, on the ground that there is a problem such as tax reduction or exemption in selling apartment after the expiration of the lease term of the D apartment in the Hanam-gun, Hanam-gun.

Among them, seven debts will be relatives within the family and the remainder will be paid to the friendship with the party.

If the 31 foot is invested in KRW 3,300,000 per square year, it will be ordered that the apartment will be sold in lots by calculating the amount of KRW 4,100,000 per square year after three months.

There is no absolute risk.

The phrase “ makes a false statement.”

However, at the time, the Defendant did not have the right to sell the above apartment, and the Defendant was unable to prepare funds to acquire the right to sell the apartment, such as the debt amounting to KRW 80 million, and was thought to use the money received from the injured for personal debt or cost of living. Therefore, even if the purchase price is paid from the injured party, the Defendant did not have the intent or ability to sell the apartment to the injured party or redeem the money in accordance with the agreement.

Nevertheless, on October 20, 2016, the defendant deceivings the victim as above and acquired 102,300,000 won from the Saemaul Treasury account in the name of the defendant from the victim.

2. On February 1, 2017, the Defendant committed a crime on or around February 1, 2017, following the following: “Around February 1, 2017, the Defendant would have the Defendant avoided the transfer income tax burden of KRW 5,000,000 from the transfer income tax, and thereafter settle accounts and return it.

The phrase “ makes a false statement.”

However, in fact, the defendant was thought to use money for living expenses under the pretext of giving the victim a heavy burden of income tax, and there was no intention or ability to return money to the victim because he did not have any specific property at the time.

Nevertheless, the defendant deceivings the victim as above and belongs to the Saemaul Treasury account in the name of the defendant around February 1, 2017.

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