사기
Defendant
A Imprisonment with prison labor for a year and six months, and Defendant B shall be punished by imprisonment for a year.
provided that this ruling has become final and conclusive.
Punishment of the crime
【Defendant A’s criminal records” was sentenced to two years of imprisonment with prison labor and four years of suspended execution for fraud at the Jung-gu District Court on May 19, 2015, and the above judgment was finalized on May 27, 2015.
Defendant
B On November 11, 2014, he/she was sentenced to one year of imprisonment and two years of suspension of execution for fraud at the District Court for the purpose of fraud. On May 27, 2015, the above judgment became final and conclusive on May 27, 2015. On December 1, 2015, he/she was sentenced to eight months of imprisonment for embezzlement and two years of suspended execution, and the above judgment became final and conclusive on December 9, 2015.
【Criminal Facts】 On April 9, 2013, the Defendants indicated the provisional contract, business plan, etc. on the E and one parcel of land between husband and wife, at a coffee shop in which the name located in the Yando-Eup, Namyang-do-si, Namyang-si, Namyang-si, and said, “When purchasing the land, it would transfer ownership within two months after the civil works.”
However, the Defendants were unable to pay the land purchase price to F, the owner of the above land at the time. The Defendants did not have any intent or ability to transfer ownership within two months of the development or promise of the above land because they did not have any particular revenue or property.
The Defendants conspired to deception the victim as such, and then acquired 120,000 won from the victim as the transfer of ownership on the same day.
Summary of Evidence
1. Defendants’ respective legal statements
1. Each legal statement of witness F, D and G;
1. Each police statement made to F and D;
1. A certificate, each real estate sales contract, a copy of a bankbook, a business plan, a certificate of contents, a certified copy of a register, and a statement of accounts;
1. Previous convictions in the judgment: Each criminal record inquiry report, each disposition pre-disposition, and each confirmation report, and each written judgment [the defense counsel of the defendants shall be the defendant, and the land outside E and one parcel (hereinafter referred to as the "land in this case");
However, it is true that the victim received KRW 120 million from the victim related to the purchase price.