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(영문) 서울북부지방법원 2019.06.27 2019고단237

사기

Text

The punishment of the accused shall be five months by imprisonment.

Reasons

Punishment of the crime

[criminal power] On December 5, 2013, the Defendant was sentenced to two years of probation in the Seoul Northern District Court to eight months of imprisonment for fraud, and two years of imprisonment for six months, and the judgment was finalized on December 13, 2013. However, on April 3, 2015, the Seoul Northern District Court was sentenced to six months of imprisonment for fraud, and the execution of the sentence was terminated on July 18, 2016. On October 11, 2018, the Seoul Northern District Court was sentenced to six months of imprisonment for fraud, and the judgment became final and conclusive on March 20, 2019.

【Criminal Facts】

On April 2018, the Defendant, at the office of “C” for the Defendant’s operation in Seoul Jung-gu, Jung-gu, Seoul, 2018, concluded a private contract with the Jung-gu, Jung-gu, Seoul, and Jung-gu, the land owned by the Jung-gu, that “The Defendant would purchase at a low price by entering into a private contract with the Jung-gu, Jung-gu, Seoul, and the E and F, which are the land owned by the Jung-gu, and was committed as if the Defendant had a friendship with the public officials belonging to the Jung-gu, Jung-gu,

However, in fact, there was no plan to sell the land at the Jung-gu Office, and the defendant thought that there was no special relationship with the public officials belonging to the Jung-gu Office and that he would use the money received from the victim D as necessary expenses at his construction site, so even if he received money from the victim D, he did not have the intention or ability to purchase the land.

On April 25, 2018, the Defendant, prior to the victim D’s horses, received two copies of a cashier’s check of KRW 10 million from the victim G through victim D. On April 26, 2018, the Defendant received KRW 10 million from the victim D to the forest cooperative account in the name of the Defendant, and acquired KRW 38 million in total from the victim D to the same account on May 2, 2018, respectively.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made by the prosecution with respect to G and D;

1. Details of cashier's checks and account transactions;

1. Previouss before judgment: Criminal history records; and