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(영문) 의정부지방법원 2017.08.04 2017고단2013

사기

Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

[criminal records] On October 4, 2016, the Defendant was sentenced to three years of imprisonment for a crime of fraud at the Jung-gu District Court on January 12, 2017, and the judgment became final and conclusive on January 12, 2017. On March 31, 2017, the Defendant was sentenced to six months of imprisonment for the same crime in the same court, and the judgment became final and conclusive on April 8, 2017.

[Criminal facts] The Defendant committed a crime at the D Office operated by the Defendant on March 25, 201, the first floor of the Yeongdeungpo-gu Seoul Metropolitan Government Ctel, and the victim E’s “Ctel 707” is the object received as a substitute in the Republic of Korea.

No matter that has no defects is waiting to take place, so we can not live now.

At the latest in June, it made a false statement to the effect that it is possible to transfer ownership if the completion is completed, and concluded a sales contract with the victim to trade the above Ctel 70.7 billion won.

However, on August 27, 2010, the Defendant paid KRW 200 million to 19 households of the above C Officetel 19, but did not have the right to sell or sell the above Officetel since the construction of the above Officetel, and the intermediate payment, etc. was not paid at all. The above C Officetel entrusted ownership to F Co., Ltd. in the Korea Asset Trust. Since the Korea Asset Trust applied for provisional disposition prohibiting sale, lease, and occupancy since F Co., Ltd. and the Korea Asset Trust Co., Ltd., Ltd., and applied for provisional disposition prohibiting ownership transfer, the Defendant did not have any intent or ability to register ownership transfer to the victim.

Nevertheless, the defendant is not disadvantageous to the defendant's exercise of his/her right to defense on March 25, 201 from the injured party, and it is therefore recognized by adding this part of the criminal facts without the amendment procedure of indictment.

30 million won as contract deposit was remitted to the Agricultural Cooperative Account (G) in the name of the defendant.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. The defendant's oral statement;