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(영문) 서울남부지방법원 2016.03.31 2015고단5298
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 a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

1. On April 20, 2015, the Defendant who acquired money in the name of down payment by fraud is G, and the victim D is the owner of KRW 18 of the “F loan” located outside the Incheon Si-Gun E, Incheon, and was delegated with the authority to sell loan from G. Therefore, the Defendant may immediately transfer the ownership of loan without any problem.

The loan borrowed total amount of KRW 160,000 per 10,000,000 per 10,000,000, was changed, and the loan was false.

However, on March 19, 2014, the Defendant had already been appointed as the Incheon District Court Hro, the same year.

9. Although the decision to commence an auction at will was issued in the same court I (half) of 30.30, it was not notified to the victim, but it was planned to receive the money from the damaged party as the down payment from G business funds to use the money as the down payment to the Defendant’s operation, and thus, even if the money was given from the damaged party as the down payment, there was no intention or ability to transfer the right to the victim’s right to use the money as the down payment.

Nevertheless, the defendant deceiving the victim as above, and the defendant stated the defendant's bill of indictment of KRW 10 million around April 20, 2015, in the bill of indictment of KRW 1,000,000, in the name of the defendant's bank account (Account Number L) in the name of loan deposit from the victim, but it appears to be a clerical error;

The remittance of KRW 10 million around May 15, 2015, KRW 20 million around May 19, 2015, KRW 5 million around May 26, 2015, KRW 500,000 around May 26, 2015, and KRW 5 million around May 27, 2015, was received and remitted in total.

2. On June 2015, the Defendant, who acquired money in the name of the construction cost, is not enough to pay the construction cost to the victim D at the beginning of the police station.

If you send KRW 10 million, they will complete the loan construction and directly transfer the ownership of the loan.

“A false representation was made.”

However, the defendant at the time is on the same ground as the above Paragraph 1.

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