beta
(영문) 광주지방법원 2013.11.29 2013고단2428

사기

Text

One year of imprisonment with prison labor for each of the crimes listed in the judgment and the other crimes listed in the judgment.

Reasons

Punishment of the crime

[criminal power] On October 17, 2008, the Defendant was sentenced to six months of imprisonment by fraud at the Gwangju District Court, and the judgment became final and conclusive as the waiver of appeal on October 17, 2008, and completed the execution of the sentence to the Gwangju Prison on January 20, 2009.

【Criminal Facts】

1. On June 2009, the criminal defendant against the victim C made a false statement to the victim C (hereinafter “the apartment of this case”) that “I would immediately seek 40 square meters of 12 million won from the down payment if I would like to seek 12 million won.”

However, even if the defendant receives money from the victim, he thought that he will use this money as his personal debt repayment and business fund, and he did not have the intention or ability to sell the apartment immediately to the victim.

Around July 3, 2009, the Defendant used the post office account under the name of F Co., Ltd. and received KRW 12 million as the down payment for apartment sale.

2. Fraud against victim G;

A. A. On March 26, 2010, the Defendant made a false statement that “The Defendant would sell the instant apartment sales office located in the Gwangju Mine-gu H to the victim G at the 103-dong 103-dong 103, 2000,000,000,000,000,000,000,000,000 won.”

However, even if the defendant receives money from the victim, he did not have the intention or ability to transfer the name by selling the above apartment house immediately.

The Defendant received KRW 25 million from the above victim to the post office account under the name of the Defendant for the sale price in apartment on the same day.

B. On April 7, 2010, the Defendant was unable to occupy the above apartment house 103 normally from the above victim at a place not lower than that of April 7, 2010, and received a claim from the victim, and the victim did not yet have her fluent relationship with the company.

Directors No. 801, 103, 801, on behalf of the Ministry of Home Affairs.

In addition, the above 701 map has been sold in lots, and it has also been 30 million won.