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(영문) 창원지방법원 2015.02.11 2013고단2472 (1)

사기등

Text

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

Reasons

Punishment of the crime

[criminal power] On November 22, 2013, Defendant A was sentenced to a suspended sentence of two years for the crime of giving property in breach of trust at the Ulsan District Court on June 2, 201, and the judgment became final and conclusive on April 1, 2014.

[2013 Highest 2472]

1. On January 17, 2012, Defendant A stated, at the (ju) EE office operated by the victim DD in Kimhae-si, on January 17, 2012, that “the victim would sell the site site for 16 parcels of land, F. 16 parcels of land owned by the victim. The appraisal should enhance the land appraisal. The appraisal is 1.5 billion won, and if the appraisal is high, it may be up to 2 billion won.” The entertainment expenses are needed.

However, in fact, the defendant received entertainment expenses and had the intention to use them for personal purposes, and had no intention or ability to purchase the above land or arrange the purchaser by raising the appraisal price.

Defendant

A, as seen above, deceiving the victim and being granted KRW 24 million from the victim via G on the same day, and was granted KRW 7 million from the victim on February 24, 2012 and KRW 5 million on February 29, 2012 in the same manner.

As a result, Defendant A deceiving the victim and acquired 36 million won in total.

2. On March 29, 2012, Defendant A made a false statement that “The victim would obtain a loan from the new cooperation with H and directly purchase the victim’s factory site at the victim’s (H) EE office. The Defendant would have borrowed KRW 100 million as entertainment expenses for the new cooperation-related persons, and the expenses for authorization and permission, design, and other expenses for the establishment of a factory.”

However, in fact, the Defendant and H did not have any funds to purchase the above land, and the buyer who will resell the above land at a high price was also unable to seek, and there was no intention or ability to purchase the above factory site with a high loan from the street.

Defendant

A As above, the amount of money remitted to the Defendant’s wife’s account on April 4, 2012, by deceiving the victim and having the victim borrow KRW 100 million from the smuggling Agricultural Cooperative, and being transferred to the Defendant’s wife’s account.