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(영문) 대구지방법원포항지원 2020.08.12 2020고단626
사기
Text

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

However, the execution of the above punishment shall be suspended for two years from the date of the final judgment.

Reasons

Punishment of the crime

1. On June 2019, the Defendant defraudeded the sales contract money by telephone to the victim B, who became aware of while working in the real estate sales office, and to the effect that the Defendant would file an application for the purchase of 2 Dtel bonds in the district of Suwon-si, Suwon-si.”

However, even if the defendant received money from the victim for the purpose of the contract for sale in lots, he did not use the money to apply for the sale in the name of the victim for the sale in lots in the name of the victim and was thought to use the money received from the victim for personal purposes, such as gambling funds, repayment of personal debts, living expenses, etc.

Nevertheless, on June 8, 2019, the Defendant: (a) by deceiving the victim as above; (b) transferred KRW 12 million to the Agricultural Cooperative account under the name of the Defendant for the purpose of the sales contract; (c) transferred KRW 17 million to the same account on the 15th day of the same month; and (d) transferred KRW 3,053,460 to the same account on the 17th day of the same month; and (c) transferred KRW 32,053,460 in total on three occasions under the name of the sales contract for officetels.

2. On June 2019, the defraudation of the borrowed money: (a) the Defendant: (b) called, “one officetel bonds shall be repaid within two months if he/she lends money to the victim B to apply for parcelling-out in the name of his/her father in the name of the father.”

However, the Defendant had a large amount of tax unpaid at the time and the obligation of financial institutions such as banks. Even if the Defendant borrowed money from the victim, he was thought to use the money received from the victim for an individual purpose such as gambling fund and repayment of personal debt under his father’s name without filing an application for real estate purchase in his father’s name, so there was no intention or ability to repay the borrowed money borrowed from the

Nevertheless, the Defendant deceivings the victim as above, and is therefore subject to the loan from the victim on June 18, 2019.

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