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(영문) 수원지방법원 안산지원 2015.10.30 2015고단1740
사기등
Text

A person shall be punished by imprisonment with prison labor for not less than six months and by imprisonment with prison labor for not less than eight months for each of the crimes of Articles 2 through 4 of the Judgment.

Reasons

Criminal facts

On August 14, 2013, the Defendant was sentenced to a suspended sentence of one-year imprisonment for a crime of fraud at the Suwon District Court, and the above judgment became final and conclusive on August 22, 2013.

1. Around November 20, 201, the fraud Defendant made a false statement to the victim E at the D gas station located in Singu, Singu, that “When he/she intends to acquire the gas station by auction, he/she shall pay KRW 20 million per month as investment profits if he/she makes an investment of KRW 200,000 per month, and after three months, he/she will pay KRW 260,000,000,000 in total of the investment principal and profits.”

However, the defendant did not have a plan to take over gas stations, and even if he received money from the victim under the name of the money invested in gas stations, he planned to use it for his own investment and personal purposes for the apartment construction project that F had run.

Around December 1, 2011, the Defendant received KRW 35 million from the victim to the national bank account in the name of G, and KRW 5 million from the account in the same day, respectively. On December 7, 2011, the Defendant received KRW 91 million from the victim to the bank account in the name of G, and received KRW 51 million in total.

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

2. Around April 6, 2014, the defrauded: (a) around the coffee shop located in the Nam-dong Incheon Metropolitan City, the Defendant made a false statement to the victim H stating that “I would pay KRW 1.6 billion to the seller of the land after obtaining a loan of KRW 2.7 billion from Nonghyup on April 22, 2014 as the result of land appraisal was good; and (b) the seller would also take over the vehicle on the out-of-land of the seller; and (c) there is a situation in which it is difficult for the buyer to take over the vehicle under the name of the seller; and (d) there is a need for another person to take over the vehicle. If you lend the name, the Defendant would pay KRW 60 million borrowed prior to the towing.”

However, in fact, the defendant purchased an external vehicle by lending the victim's name, and was thought to sell it in a large way, at the time.

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