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(영문) 대전지방법원 논산지원 2019.09.20 2019고단341

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

【Criminal Power】 On January 12, 2017, the Defendant was sentenced to two years and six months of imprisonment for fraud, etc. at the Daejeon District Court, and the judgment was finalized on March 17, 2017. On November 7, 2017, the Daejeon District Court sentenced one year to imprisonment for a crime of fraud, and the judgment was finalized on November 15, 2017. On January 15, 2019, the Defendant was sentenced to three months of imprisonment for the same crime in the same court, and the judgment became final and conclusive on January 23, 2019.

【Criminal Facts of Crimes】 On September 1, 201, the Defendant prepared a notarial deed to the effect that, at the site of the Daejeon-gu Daejeon-gu New Apartment Construction Project, “B apartment owner requires KRW 100 million to the victim C at the expense of authorization and permission, such as the change of the name of the owner of the B apartment building. If the Defendant lends money, he/she would obtain a security loan with the completed apartment after the completion of the apartment construction. In addition, as security, he/she would offer B apartment E, F, and G owned by the limited liability company as security, and prepare a notarial deed to the same effect.” On October 6 of the same year, at the I notarial office located in Daejeon-gu Daejeon-gu, Daejeon-gu, Daejeon-gu, Daejeon-gu, that “D will pay 150 million won to the complainant by November 5, 2011,” that “B apartment E, F, and G will provide the complainant with a notarial deed.”

However, the defendant was willing to use the above money borrowed from the victim for personal purposes, not for authorization and permission, and on the other hand, since it was not delegated by the limited liability company D with the right to provide the above B apartment bonds to the victim as collateral for transfer, even if he borrowed money from the victim, he did not have the intent or ability to use it as expenses for authorization and permission, or to provide B apartment bonds owned by limited liability company D as collateral for transfer to the victim.

As above, the Defendant, by deceiving the victim, received KRW 30 million from the victim, around September 1, 201; KRW 67 million around October 6, 201; and KRW 99 million, including KRW 2 million around November 17, 201, from the post office account under the name of the Defendant.

Summary of Evidence

1. The defendant;