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(영문) 서울서부지방법원 2019.01.11 2018고단2286
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

At the above B point on December 6, 2016, the Defendant stated that “The fact is that “The house living in Korea is at least KRW 100 million per square meter, so if sold, it can be paid KRW 1 billion, and is not due to tax issues. If the Defendant borrowed money from the obligees for demanding repayment, the Defendant would make repayment immediately.”

However, in fact, the house that the defendant was living is owned by the defendant, and the market price of KRW 130 million is equivalent to that of the defendant, and the mortgage of KRW 280 million has already been established, and there is no real value as the mortgage of KRW 280 million has already been established, and even if the defendant borrowed money from the victim, there was no intention or ability to repay it.

As above, the Defendant, by deceiving the victim, received KRW 10 million from the victim to the account in the name of the Defendant, and acquired it by defraudation, and from that time, he received KRW 50 million in total four times from July 31, 2017, as shown in the attached crime list, and acquired it by defraudation.

Summary of Evidence

1. C’s legal statement;

1. Full certificate of the registered matters;

1. Details of transactions by account;

1. Application of Acts and subordinate statutes to a report on investigation (specific amount of damage);

1. It shall consider the fact that there is a history of punishment as a crime of the same kind for the reason of sentencing of Article 347(1) of the Criminal Code for the crime at issue of the relevant criminal facts and the fact that most of the damages have not been recovered up to now, and consider the amount of fraud.

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