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(영문) 대전지방법원 2018.02.07 2017고단3328

사기

Text

A defendant shall be punished by imprisonment with prison labor for not more than ten months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant is the representative of Seo-gu Daejeon and 504, and is the sales agent of the D Urban Residential Housing in Daejeon Jung-gu.

On January 30, 2016, the Defendant sold the victim E with “D” urban-type residential housing 103 Dong 402 at the victim’s office at a discount of KRW 179 million.

100 million won will be prepared in the name of the private health construction corporation, and the ownership transfer will be completed until April 27, 2016.

“A false statement” was made.

However, in fact, even if the defendant did not make any profit at the time and received 100 million won or more from the damaged party, he was scheduled to use the money as repayment of the debt and the operating expenses of the company, so there was no intention or ability to transfer the ownership of the above apartment.

Nevertheless, the Defendant, by deceiving the victim as such, was transferred KRW 100 million as the sale price to the bank account (F) account under the name of the Defendant on the same day from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to E, G, and H;

1. Sales contract;

1. Receipts:

1. Application of Acts and subordinate statutes on financial transactions;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Circumstances unfavorable to the reasons for sentencing under Article 62(1) of the Criminal Act: Determination of a sentence that has no record of the same kind of crime: The following circumstances are different from the above circumstances, such as the defendant's age, sex, environment, motive, means and consequence of the crime, and various conditions for sentencing specified in the arguments of this case, such as the circumstances after the crime, etc.