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(영문) 대전지방법원 2018.12.13 2018고단2417

사기

Text

A defendant shall be punished by imprisonment with prison labor for up to six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 2015, the Defendant was invested KRW 300 million with regard to the type of business in which the Defendant acquired apartment units of the D Regional Housing Association built in the Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, and acquired profits from the purchase of the apartment units from the victim B who became aware of the introduction of the land around 2015.

On January 20, 2016, the Defendant: (a) provided the victim with a project for the type of commercial buildings in the apartment complex of the said D Regional Housing Association (hereinafter referred to as the “D Regional Housing Association”); and (b) provided the victim with a benefit from the resale of the commercial buildings in the apartment complex.

In order to make the payment of KRW 200,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000 won of the investment principal and the principal and interest, were to be paid.

However, at the time, it was impossible to sell the above commercial building because the above commercial building was not an apartment building but an apartment building planned to sell it in lots, and the defendant was thought to use the money received from the above victims to other investment sources, not the above commercial building.

The Defendant, through the account (Account Number): 65,846,512 on the same day in the name of the Defendant, and 200 million won on January 21, 2016, and 34,153,488 won on March 7, 2016, acquired the total amount of KRW 200,000 from the victimized party under the name of the Defendant for commercial investment.

Summary of Evidence

1. Each legal statement of witness B, F, G, and H;

1. A protocol concerning the examination of partially the accused by the prosecution;

1. Entry of the defendant in B during the second examination of the suspect in the police protocol;

1. Each police statement made with respect to B and H;

1. Each written confirmation;

1. Complaint;

1. Inquiry into liquidity transactions, details of deposits, details of account transactions by account, details of various accounts, details of transactions, etc.;

1. Each letter of agreement and each letter of agreement for purchase;

1. Details of conversation, president of the association, etc. and the details of the victim;

1. A recording file CD and a recording book;

1. Determination as to the defendant's assertion of each investigation report

1. The Defendant, at the time, had talked about the instant commercial building to the victim, but stated the facts charged.