beta
(영문) 대전지방법원 천안지원 2013.10.24 2011고단2164

사기

Text

A defendant shall be punished by imprisonment for not less than one year and six months.

Reasons

Punishment of the crime

On July 11, 2006, the defendant was sentenced to two years of imprisonment with prison labor for a crime of fraud, etc. in the Daejeon District Court's Incheon Branch Branch of the same year, and the judgment was finalized on October 17 of the same year, and on January 9, 2008, the defendant was sentenced to two years of imprisonment with prison labor for a year for a crime of fraud in the same court for the same year.

5. A final and conclusive judgment on June 2, 2004, the Defendant entered into a contract with F, the owner of land E, in the form of personal qualification, for the implementation of new construction and sale of multi-family housing with the Defendant. The Defendant, on September 13, 2004, sold the apartment house 100 million won to G on the ground of the financing of construction funds without being delegated by F, and D, at his own discretion on September 13, 2004; the down payment of KRW 150 million; the intermediate payment of KRW 30 million; the intermediate payment of KRW 30 million on February 28, 2005; the intermediate payment of KRW 30 million on March 16, 2005; and the remainder of KRW 30 million on April 25, 2005; and the remainder of KRW 500 million on the ground of the financing of construction funds.

Nevertheless, on June 2, 2005, the Defendant concealed the fact that multi-family housing 102 was sold in lots, and acquired the victim H the sum of KRW 130 million from June 13, 2005, and then acquired KRW 30 million from the first building at the low price. The sales price is KRW 130 million from the first building, and the remainder of KRW 100 million from the loan in the last year is replaced with the down payment, and the remainder of KRW 100 million is changed. The Defendant entered into a sales contract with the victim and was exempted from the obligation to return the principal and interest of KRW 30 million borrowed on September 24, 2004. The Defendant acquired KRW 20 million from June 2, 2005, KRW 10 million from June 13, 2005, KRW 30 million from July 4, 2005, and KRW 30 million from July 36, 2005, respectively.

Summary of Evidence

1. The statement of a witness H in the fifth trial records, and the statement of a witness D and F in the sixth trial records;

1. Each protocol of examination of the accused by the prosecution (including each statement of D, F, and H);

1. The prosecutor's statement concerning G;

1. A president of H 1.