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(영문) 창원지방법원 마산지원 2016.05.25 2015고단1090
사기
Text

A defendant shall be punished by imprisonment for four years.

Reasons

Punishment of the crime

1. The criminal defendant against the victim C by the introduction of the offender, through access to the victim C by means of putting the victim C with his/her ability to complete his/her business, etc., and acted as if he/she would marry with the victim, and by deceiving the victim of the money.

The Defendant would complete payment to the Victim in respect of the Ecacs in Busan, Jung-gu, Busan, on April 15, 2013, when the Plaintiff sold the land within the F, which is entitled to B, and G hotel acceptance was made and the money was made.

“A false representation was made.”

However, in fact, the Defendant did not have the intent or ability to pay profits by acquiring a G hotel, and there was no intention or ability to pay the above F, even if he borrowed money from the damaged party due to the absence of any specific property.

As above, the Defendant, including the deception of the victim and the delivery of KRW 1,00,000 from the victim on the same day, received from August 23, 2013 the total amount of KRW 1,46,50,000 from the time to August 23, 2013, including the issuance of KRW 1,000,000 from the victim.

2. Fraud against victim H;

A. The Defendant, through the introduction of a branch, accessed the victim H by using the method of emphasizing the victim H with his/her ability to complete his/her business, and acted as if he/she would marry with the victim, and by deceiving the victim of money.

On October 10, 2013, the Defendant received and operated the G hotel at the victim's house located in the Changwon-si Masan-si I, and the “G hotel was awarded at auction. The above hotel was awarded at auction, and the deposit should be made, and the money is needed, such as notarial expenses.

A hotel may be loaned 2.1 billion won from a bank as security by using the name of the side of a second week in the name of the building.

In that case, he will pay the money in full.

“A false representation was made.”

However, the defendant did not have any intention or ability to acquire a G hotel and did not have been awarded a successful bid.

The defendant deceivings the victim as above.

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