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(영문) 부산지방법원 2018.11.28 2017고단3524 (1)
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On September 17, 2009, the Defendant was sentenced to four months of imprisonment for fraud in the Daegu District Court Port Branch on February 20, 2010, and completed the execution of the sentence in the Port Prison on February 20, 2010.

On February 2, 2012, the Defendant: (a) received the “D gas station” in the Gannam-si, Gannam-si, Gannam-si, Gyeongnam-si, which was operated by the Victim B; and (b) paid 5 million won as down payment to the victim; and (c) did not lend money from the victim to him/her.

The Defendant may sell the land to the victim from February 2, 2012 to March 2, 2012 and take over the gas station when selling the land and recovering the construction cost.

"Around March 20, 2012, there is a lot of funds that can be recovered while deceiving the victim, and at the end of Busan on March 20, 2012, the victim is required to report work in Busan, and money for the acceptance of the gas station D.

“The phrase “ was false.”

However, in fact, the Defendant was a bad credit with no certain occupation and did not have any other property including the claim to recover, and even if the Defendant borrowed money from the injured party, he did not have any intent or ability to pay the money at the time of raising or promising to pay the money to the injured party.

Nevertheless, as above, the Defendant, as well as the receipt of remittance of KRW 3 million from the injured party on the same day from the injured party, received a total of KRW 4,638,00 through 12 times, such as the list of crimes in the attached Table.

On January 8, 2016, the Defendant stated that “Around January 8, 2016, the 2017 Highest 3928 Defendant borrowed money necessary to acquire a building located in Seoul, to the victim E who was aware of the fact that he/she would use it only one month and pay it.”

However, the defendant did not have a plan to take over a building in Seoul and borrowed money from the injured party.

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