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(영문) 제주지방법원 2017.06.02 2017고단20

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[criminal records] On February 14, 2017, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud at the Jeju District Court on February 14, 201, and the judgment became final and conclusive on February 21, 2017.

[2] The Defendant promised to enter into a contract for the sale of officetels with the victim F (25 years) who reported and contacted the E-tel sales advertisement scheduled to be newly built in the offline newspaper at the Jeju-si and the E-tel sales contract.

In addition, on July 22, 2015, at the Jeju-si G and the office of the second floor C company, the Defendant drafted a sales contract to sell the victim the 601th floor D No. 601 (Alin) of Jeju-si to KRW 185 million for the total sale price, and received KRW 18.5 million for the same day as the down payment.

However, at the time of fact, the Defendant did not start the construction work of officetels, and rather did not intend or have the ability to sell officetels to the victim, as the land owner did not purchase and sell the officetel in the process of the purchase of land for officetel construction and the owner did not purchase the officetel continuously and discussed the waiver of the construction work.

Nevertheless, the Defendant sent a telephone to the victim on August 18, 2015 and paid part payments to the victim during the period from the internal date to the date of the completion of construction.

Since the commencement of the work, the intermediate payment is deposited.

All remaining buyers have paid.

“Along with this,” the victim was transferred KRW 55 million to C Company Corporation Account (H of Jeju Bank) as part payments.

The defendant deceivings the victim as above and acquired 55 million won to the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning suspect interrogation of each police officer with regard to I;

1. Statement made by the police with respect to F;

1. Sales contract;

1. Previous conviction: A reply to inquiry, such as criminal history, summary information of the case, and application of the text of the judgment;

1. Article 347 of the Criminal Act applicable to the crime, Article 347 (1) of the Criminal Act, and the punishment of imprisonment;