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(영문) 대구지방법원 2017.10.19 2017고단2647

사기

Text

A defendant shall be punished by imprisonment for six 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

On February 1, 2012, the Defendant was sentenced to a suspended sentence of 8 months for fraud at the Daegu District Court, with a prison term of 2 years for the same month.

9. The judgment becomes final and conclusive, and on June 25, 2015, the same year was sentenced to a suspended sentence of six months by imprisonment for the same crime in the same court, and two years by the same court;

7.3. The judgment was finalized, and on November 10, 2015, the same court was sentenced to a suspended sentence of three years in the month of imprisonment for the same crime, and the judgment became final and conclusive on the 18th of the same month.

The Defendant is a person who runs real estate consulting business under the trade name, “D,” a stock company in Daegu-gu C.

On February 17, 2010, the Defendant made a false statement to the victim E (the remaining, 66 years of age) who was an employee at the above “D office” office, stating that “The Defendant purchased 50 of the total amount of 400 square meters of the FF land in Yongcheon-si at KRW 34.5 million. A national industrial complex around the above land may be seen as an expected profit, and the Defendant would transfer the registration within one month.”

However, in fact, the Defendant sold the above F land to G who is not a victim of damage, and was thought to transfer the ownership transfer registration, so there was no intention or ability to transfer the ownership of the land to the victim from the beginning.

Since then, the Defendant, who received a demand from the injured party for the transfer of ownership of the said F land, re-sumed that the amount of 80 square meters out of the total H land of 518 square meters owned by Yongcheon-si, the Defendant would exceed 44 million won.

However, the above H land was not owned by D, and there was no capacity to purchase the above land from the original owner I due to personnel expenses to be paid, and corporate operating expenses, so there was no intention or ability to transfer the ownership of the above land even if the purchase price was paid from the injured party.

Nevertheless, the Defendant: (a) by deceiving the victim as above; (b) obtained a total of KRW 37 million from February 17, 2010 to September 27, 2010 from the victim to the victim, and acquired it by deception.

Summary of Evidence

1. The defendant's statement in court;