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(영문) 서울중앙지방법원 2014.08.28 2014고단1964
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 two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The facts are as follows, while introducing as if he had two marrieds and has no particular property, the Defendant was active as if he were unmarried and her had no other property, and the third party was friendly, the Defendant got approaching the victim E to marry, and then was willing to defraud money under the pretext of a new divorce house down payment, etc.

1. On March 4, 2011, the Defendant stated, at the victim’s mother house located in the Seoul Jung-gu Seoul Metropolitan Government F, that “Around March 4, 2011, the Defendant shall first reimburse the victim for the expenses incurred in disposing of the apartment in the Chungcheongnam-gu Seoul Metropolitan Government, and in expanding the balcony, etc., the Defendant would promptly return the apartment by disposing of the apartment.”

However, there was no apartment house to be disposed of in the Chungcheongnam-do, and there was no specific property, and even if the victim received money from the victim, there was no intention or ability to return the money immediately by disposing of the apartment or other property.

The Defendant, by deceiving the victim as above, received KRW 10 million from the victim’s mother G account to the Korean bank account in the name of the Defendant.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

2. Around March 21, 2011, the Defendant entered into a contract with the victim, “Around the mid-gu Seoul Central Market, the Defendant: “Around March 21, 201, the Defendant considered the victim’s house by marriage in the Seongbuk-gu, Seongbuk-gu, Seongbuk-gu, Sungnam-si, with a good price.” If the deposit is transferred in KRW 20 million, the real estate lease contract will be concluded immediately.”

However, the facts did not intend to enter into a real estate lease contract even if the victim did not have entered into a contract for the marriage in the area of Sungnam-si, and most of the victims received money from the victim to transfer the money to the defendant's account or withdraw the money in cash to use the defendant's personal debt repayment.

The defendant deceivings the victim as above.

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