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(영문) 대구지방법원 의성지원 2017.03.23 2017고단14

사기

Text

The defendant shall be exempted from punishment.

Reasons

Punishment of the crime

[criminal records] On November 10, 201, the Daegu High Court sentenced five years of imprisonment and fine of 300 million won to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) on the Aggravated Punishment, etc. of Specific Crimes, which became final and conclusive on February 9, 2012. On January 20, 2012, the judgment was finalized on February 20, 2012 after being sentenced to imprisonment with prison labor for 4 months and for 8 months of imprisonment with prison labor at the Daegu District Court for fraud, etc., and on January 12, 2017, the judgment became final and conclusive on January 20, 2017.

[2] The Defendant is the actual representative of the Company D (hereinafter “D”) established for the Daegu C market improvement project (hereinafter “instant project”). The Defendant, upon the aggravation of D’s financial standing, has attempted to acquire money as a contract deposit under the pretext of contract deposit with the purport that D’s business operation right can be granted to the victim E in relation to the redevelopment of C.

On January 21, 2009, the defendant issued a contract for the improvement project with the victims in the office located in the Daegu Jung-gu, Daegu-gu, Seoul-gu. In this context, the defendant would be entitled to the right to operate the project as a contract deposit, on the face of KRW 100 million.

“Falsely speaking to the effect that “” is false, and from December 3, 2009 to March 27, 2010, at the same place “from March 201, it is almost completed” to the victim, and gift and additional expenses are needed for C market members.

“A false statement was made to the effect that it was “.”

However, the fact that D did not have the right to vicariously sell the whole commercial buildings from the redevelopment business owner, and therefore, D did not have the intent or ability to grant the right to vicariously sell the commercial buildings as promised to the victim.

Nevertheless, the Defendant received KRW 100,000 from the injured party on January 3, 2009 to February 2, 2009 as contract deposit, and received KRW 100,000 from December 3, 2009 to March 27, 2010 as additional expenses.

In this respect, the defendant deceivings the victim to take property from the victim.