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(영문) 수원지방법원 평택지원 2016.10.05 2016고단1832
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

The defendant became aware of the victim E, who is the same member as the new members of the D church in Gangnam-gu Seoul Metropolitan Government, and the victim F, who is the children of the above E.

The defendant, around March 2008, sold G-Lease apartment to the general public at the Y around 2008, the defendant solicited the above F to lease the above F to purchase the above apartment 10 households under the name of F's spouse H.

1. Fraud;

A. A. Around March 25, 2008, the Defendant against the victim F stated, “Around March 25, 2008, the Defendant may obtain a larger benefit from the transition of the lease contract with the tenants residing in the households of 113 Dong 410, 114 Dong 405, 115 Dong 305, 115 Dong 406, and 115 Dong 406, which was purchased in the name of H, to the victim F. The Defendant would return the deposit to the prime tenants and convert the contract into monthly.”

However, in fact, the defendant thought that the defendant would use the victim's money for hospital expenses or for his/her own daily living expenses, so even if he/she receives a deposit from the victim, he/she did not intend to pay it to the tenants and to convert the existing lease contract into monthly income.

Nevertheless, the Defendant, by making such a false statement, received KRW 54 million from the victim on April 7, 2008, KRW 27 million on or around December 10, 2009, KRW 22 million on or around June 29, 2010, and KRW 5 million on or around August 26, 2010, in one bank account (Account Number: I) in the name of the Defendant.

Accordingly, the defendant was given property by deceiving the victim.

B. Around March 31, 2009, the criminal defendant against the victim E stated that “A victim E shall use 20 million won as the her husband’s care hospital with a loan of 20 million won as the blood transfusion and make payment 20 days later.”

However, the defendant did not have certain income or assets, so even if he borrowed money from the victim, he did not have the intention or ability to pay it.

Nevertheless, the defendant makes a false statement as above and belongs to it on the same day from the victim.

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