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(영문) 인천지방법원 2014.11.05 2014고단5287
사기
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

The defendant was aware of the victim C while running a mountain around July 2007.

When introducing that the Defendant purchased and sold real estate at ordinary times from the Defendant’s auction and invested in real estate, the Defendant punished a lot of money by investing in real estate in the amount of KRW 300 million, such as “the market price has reached KRW 2 billion when purchasing the land located in the acquisition by transfer,” and his mother will succeed to a number of restaurants located in Jongno-gu Seoul, and is engaged in the same business with D in order to promote the recent two factories construction business. However, the Defendant had much emphasis on his own re-influence by making a false statement, such as “the purchase of the land in the acquisition by transfer in the amount of KRW 300,000,000,000.”

On September 26, 2007, the Defendant made a false statement to the effect that “The two sub-factory businesses being promoted in Jongno-gu, Seoul are well being operated by the Defendant,” and that “The card payment is difficult due to temporary absence of funds, and if the Defendant is bad credit holder, it may be obstructed in obtaining bank loans.” The Defendant’s operation of the business, such as: (a) the household coefficient mark with the face value of KRW 3,00,000 at a discount rate of KRW 3,80,000,000,000 shall be repaid immediately.”

However, in fact, the Defendant did not have a certain import, and there was no money by investing in real estate, and there was no intention or ability to repay the money even if the Defendant borrowed money from the victim because the Defendant had already divorced 25 years prior to the Defendant’s mother did not operate the restaurant in Jongno-gu Seoul. Therefore, the Defendant did not succeed to the restaurant, and the Defendant did not promote the two plant business in Chungcheongnam-gu, Chungcheongnam-do.

Nevertheless, the Defendant, by deceiving the victim as above, received 3.8 million won on the same day from the victim to the account in the name of the Defendant, and thereafter transferred from May 20, 2010 to the account in the name of the Defendant.

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