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(영문) 서울서부지방법원 2020.01.16 2017고단2961 (1)
사기
Text

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

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The Defendant was a person who worked for the Government in a house owned by the victim C (n, 81 years old) (hereinafter “instant house”) in Seodaemun-gu Seoul (hereinafter “instant house”).

On March 1, 2008, the victim offered the instant house as collateral when the E Farming Cooperative operated by D received a loan from the FF Cooperative, but D failed to repay the loan, and there was a decision to commence voluntary auction on the instant house around December 14, 2012.

1. Around December 2013, 2013, the Defendant: “Around December 2013, the Defendant, at the instant house, knows well about the auction of real estate due to the lack of a licensed real estate agent office in Ghana; and the mortgagee of the security is not entitled to participate in the auction. First, the Defendant stated that the Defendant was awarded the instant house in the name of Kenya and again transferred the bid price of the instant house to G, within one year, within the name of the victim.”

However, even if the Defendant was awarded a successful bid in the name of G, he did not have any intention or ability to complete the registration of ownership transfer of the instant house within one year.

On December 17, 2013, the Defendant, by deceiving the victim as above, took 82,66,100 won cashier’s checks from the victim under the name of bid deposit in the instant housing from the instant housing as well as transferred KRW 33,860,100 in total, as shown in the attached list of crimes.

The Prosecutor partly modified the facts charged in this Court, and the phrase “ around December 18, 2013,” as stated in the indictment, is a clerical error in the phrase “ around December 17, 2013,” and the phrase “2014......” No. 10, “2015.........” in the table of crimes, is corrected.

2. Around February 2015, the defrauded stated, “Around February 2015, the Defendant: (a) around February 2015, the Defendant: (b) around February 2015, there was a loan of KRW 794,000,000,000,000,000,000,000,000 won, which was 10% of the loan; and

However, the defendant receives KRW 80 million from the victim.

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