beta
(영문) 서울중앙지방법원 2014.11.27 2014고단1847

사기

Text

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

Reasons

Punishment of the crime

On January 9, 2009, the defendant was sentenced to a suspended sentence of eight months at the Seoul Central District Court for fraud, and one year has been sentenced to a suspended sentence of eight months.

4.9. The judgment becomes final and conclusive, and on February 18, 2010, imprisonment with prison labor for not less than one year and four months and one year and two months for the same crime in the same court.

8. 5 The judgment became final and conclusive.

Around March 2007, the Defendant introduced C as the Chairperson of the Emergency Countermeasure Committee on the above partnership's business by stating that the representative director F of the above company, the victim, will transfer the right to implement the new construction of the Seongbuk-gu Seoul H apartment to F in G association at KRW 1.2 billion.

However, in fact, I was newly elected at the general meeting of the partnership as the president of the partnership, and Ldo Construction Co., Ltd. was selected as the contractor and the J Co., Ltd. was appointed as the contractor, so the defendant or the Emergency Countermeasure Committee did not have any intent or ability to transfer the right to implement the project

Nevertheless, the Defendant and C, as above, deceiving the victim and deceiving it from the victim to the bank account in the name of the Defendant from the victim to the bank account in the name of the Defendant, the amount of KRW 10 million on March 9, 2007, and the same year.

3. 40 million won, per year; and

4.4.10 million won is remitted, and C's deposit account in the name of K Enterprise Bank; and

3. 13.20 million won, and the same year.

3. 30 million won, per year;

4.4. 10 million won has been remitted as down payment, such as the receipt of each remittance.

Accordingly, the Defendant conspiredd with C to acquire pecuniary benefits by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness, L, F and M;

1. Protocol concerning the examination of suspect to the K;

1. Details of account transfer; and

1. Contracts for transfer or acquisition of business rights;

1. Agreement on rebuilding implementation;

1. Previous convictions: Criminal history records and other inquiries, investigation reports (Attachment of the same type of fraud judgment of a suspect), investigation reports (Attachment of a suspect A's fraudulent judgment) and other Acts and subordinate statutes;