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(영문) 서울중앙지방법원 2013.09.06 2012고단6192

사기

Text

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

Reasons

Punishment of the crime

[Attachment] On February 16, 2005, the Defendant was sentenced to a suspended sentence of two years for fraud at the Seoul Central District Court on October 10, 2005, and the judgment became final and conclusive on February 24, 2005.

[Specific criminal facts] On December 15, 2004, the defendant, in collusion with C's member D, made a false statement that "D himself/herself is the head of the family of Jung-gu, Seoul, and D himself/herself is the head of the family of Korea, and that "D is the head of the family of Korea, and five parcels, such as H, I, J, K, L, and L, are trusted in trust to M, but he/she was delegated with the authority to sell the five parcels, and if he/she won the above five parcels of real estate by filing a lawsuit claiming ownership transfer registration, he/she shall transfer the ownership until May 30, 2005."

However, D does not legally select the president of the same clan, and it did not have been delegated to sell or delegate the above land by the clan, so even if D concludes a sales contract for the above land and receives the payment from the victim, it did not have the intention or ability to transfer land ownership.

On December 16, 2004, the Defendant received 260,780,000 won from the victim as the purchase price.

Summary of Evidence

1. Each prosecutor's suspect interrogation protocol regarding D (including G statements);

1. Each police interrogation protocol on the accused and D;

1. Each police statement concerning G and D;

1. Two copies of a report (Attachment to written judgments) on investigation by the police, and judgment;

1. A petition filed by G, a real estate sales contract, a receipt, and a written agreement;

1. A certified copy of the register;

1. A copy of reference materials (where judgment is rendered regarding invalidation of the D clan representative);

1. Previous convictions in judgment: The application of Acts and subordinate statutes reporting criminal records, US records, and results of confirmation;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. The punishment of 8 months is imposed on the accomplice D with reasons for the sentencing of the latter part of Article 37 and Article 39(1) of the Criminal Act, and the amount of fraud is large to KRW 26,780,000,000, and the defendant is at will.