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(영문) 대전지방법원 홍성지원 2016.08.30 2016고단229
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Criminal record] On January 22, 2016, the Defendant was sentenced to a suspended sentence of ten (10) years of imprisonment for fraud at the Daejeon District Court, and the judgment became final and conclusive on January 30, 2016.

[2016 Highest 229] The Defendant tried to make an investment in real estate in China, even though he/she punisheds a large amount of money by investing in real estate in the home of the victim D, which was located in Bona-si, Mana-si, Mana-si, Mana-si.

If you lend money in short of money, we will give full payment of money later.

‘False speech' was made.

However, in fact, the Defendant was only thought to use the money received from the injured party to pay the personal debt, and there was no plan to invest the said money in the Chinese real estate. Since the Defendant had personal debt worth KRW 100 million without any particular property or income at the time, there was no intention or ability to pay the money even if he borrowed the money from the injured party.

The Defendant, on January 3, 2013, received KRW 3 million from the injured party to the corporate bank account in E’s name from around January 3, 2013, from that time, and from that time until July 28, 2013, the Defendant deceivings the injured party by the same method, etc. over a total of 15 times, as indicated in the list of crimes, and received a total of KRW 3873,00 from the injured party.

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

[2016 Highest 369] Defendant operated on February 2, 2012 by Defendant F in Suwon-si, Suwon-si, Suwon-si.

G From the victim H, “if an investment of KRW 5 million is made in Chinese real estate, the amount of KRW 10 million will be returned to the victim H up to March 5, 2012 at the latest.

The phrase “ makes a false statement.”

However, in fact, the defendant thought that he was paid the money from the injured party to I, the spouse of the defendant, and there was no intention or ability to invest the money in Chinese real estate.

The defendant was given 5 million won as investment money from the damaged party on his job.

Accordingly, the defendant is the victim.

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