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(영문) 대구지방법원 포항지원 2016.06.16 2016고단304

사기

Text

Defendant

A Imprisonment for one year, and each of the defendants B shall be punished by imprisonment for eight months.

However, the two years each from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal record] On February 6, 2013, Defendant A was sentenced to a suspended sentence of two years for criminal fraud in the Daegu District Court Port Branch Branch of the Daegu District Court on August 14, 201, and the above judgment was finalized on July 6, 201, and Defendant B was sentenced to two years of imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes at the Ulsan District Court on July 6, 2012, and the above judgment became final and conclusive on November 2, 201.

[2] On June 1, 201, at the office of “E real estate” located in Nam-gu, Nam-gu, Si/Gun/Gu, Defendant A called “E real estate” to the victim F, “The owner of the land and the land purchase contract, and the development cost are different, so that he/she may develop 23 out of G in the north-gu, Si/Gun/Gu as the site for electric source, and sell 2 times the two times the proceeds.” On August 201, 201, the Defendants dialogueed Defendant B as real estate developer as if he/she had a real estate development project, in the wedding hall and coffee shop where he/she was unable to know the I’s trade name near the H at the end of the racing-si, Si/Gu.

However, in fact, even if the Defendants received development costs, etc. from the injured party or had the injured party pay the down payment to conclude a land sales contract, they did not have the intent or ability to develop the land as the site for electric power resource.

However, on September 7, 201, the Defendants concluded a land sales contract with the J, the mother of the landowner at early September 201, and had the victim pay KRW 20 million as down payment. On September 7, 2011, the Defendants transferred KRW 50 million as the development cost of the electric source housing site to the K’s account under the name of Defendant A and the Defendant B’s account under the name of Defendant B, respectively.

As a result, the Defendants conspired to attract the victim to receive property from the injured party.

Summary of Evidence

1. Defendants’ respective legal statements

1. A protocol concerning the examination of suspect of some police officers to K;

1. Each police statement made to the F (victim) and J;

1. The complaint shall be attached to the complaint.