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(영문) 대구지방법원 포항지원 2018.05.03 2018고합11

특정경제범죄가중처벌등에관한법률위반(사기)등

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 27, 2015, the Defendant was sentenced to one year of suspended sentence for a violation of the Commercial Act due to a violation of the Commercial Act, etc. in the Daegu District Court's support on July 27, 2015, and the judgment became final and conclusive on July 26, 2016, and on September 1, 2016, the Daegu High Court sentenced three years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and became final and conclusive on September 9, 2016.

The Defendant had conducted a project to sell apartment units in the name of “E Limited Corporation” in the city for the same sex of the People’s Republic of China (hereinafter referred to as “China”).

person is a person.

1. On the 2007, the defrauded made a false statement with the victim F, stating, “The apartment is constructed in China, and if the apartment is sold in lots, the market price gains will be seen in the future.” On February 2, 2008, the Defendant presented the victim’s construction site of “G apartment” to the victim in the French land below China, and then made a false statement with the victim to the effect that “G apartment 108 units 1706 units 40 million won will be sold in lots in G apartment 108 units 170 million won.”

However, in fact, the Defendant had already sold the above G Apartment No. 108, 1706 room to H on July 31, 2007, and did not notify the victim of the fact that he sold it to H as above. Thus, even if he received the price from the injured party, he did not have the intent or ability to sell the above apartment.

As above, the Defendant: (a) by deceiving the victim; (b) received from the victim on February 25, 2008, 2620,000 won from the national bank account in the name of J on February 26, 2008; (c) transferred KRW 2 million from the national bank account in the name of J on March 3, 2008 to the one bank account in the name of K on March 3, 2008; and (d) received three copies of the check in the face value of KRW 10,000,000 from the victim on March 5, 2008 and received three copies of the check in the face value of KRW 10,000.

2. Violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud);

A. On November 20, 2008, the Defendant committed a crime at the office of “NN Limited Corporation” operated by the victim M in this counter of the Gdong-si, China around November 20, 2008.