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(영문) 서울서부지방법원 2012.02.16 2011고단440

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 2, 2003, the defendant acquired the victim C (name D) at the Busan Jin-gu B real estate consulting office, Busan, and acquired money from the victim as real estate investment money.

The defendant stated that "the defendant intends to implement a complex shopping mall, including one bank, in the vicinity of the Sogsan-dong Sogdong, Busan, the defendant would make a commercial building on the first floor of the building if he invests money."

However, at the time of fact, only one bank located in the aforesaid Sosan Islands did not have a plan to transfer, and E, which was operated by the defendant, did not have the ability to implement the above shopping mall because it did not meet the requirements for the executor's license, and there was no other intent or ability to give the victim the commercial building promised even if the defendant did not have any property owned by the defendant

Nevertheless, the Defendant, by making such a false statement, deceiving the victim, and it was transferred from the victim to the head of the Tong managed by the above B real estate consulting around December 9, 2003 as consulting expenses, as well as the remittance of KRW 10 million from the victim to the head of the Tong managed by the above B real estate consulting around May 14, 200.

In addition, the defendant, as stated in the attached list of crimes, made a false statement to the victim, and received a total of KRW 110 million from the victim on three occasions, and acquired it by fraud.

Summary of Evidence

1. C’s statement concerning the suspect examination protocol of the accused;

1. Statement of the police statement regarding C;

1. Application of Acts and subordinate statutes to the details of transactions in passbooks, certificates of commitment, and explanatory notes;

1. It shall be decided as per the Disposition for the reasons under Article 347 (1) of the Criminal Act or more, comprehensively, for the pertinent Article of the Criminal Act and the choice of punishment;