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(영문) 대구지방법원 의성지원 2013.08.22 2012고단309

사기

Text

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

The application for compensation order of this case by the applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

The Defendant is a person who runs the real estate brokerage business in the name of "E" at the time of resident residence. While the Defendant intended to make a profit by investing money with F, he/she purchased real estate and then resells it, F proposed an investment in real estate to the victim D who was in a close-friendly manner, and the Defendant conspired to receive the investment money from the Defendant to the passbook.

However, at the time, the Defendant, while running the real estate brokerage business, anticipated a mistake in the market price of real estate, purchased real estate, such as farmland, with another person’s money, and took profits from the resale of the real estate. However, the Defendant had no intention or ability to transfer the real estate to the victim by purchasing the real estate with the investment money, even if he was paid the investment money from another person, even if he was paid the investment money from the victim.

Nevertheless, around December 2005, F made a false statement to the victim in Seongbuk-gun G of Seongbuk-gun, 2005, stating that “I would like to divide the same land as I, I, and the victim.” On December 26, 2005, the Defendant received KRW 50 million from the victim to the agricultural bank account in the name of the Defendant.

Accordingly, the defendant, in collusion with F, deceiving the victim, thereby deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D;

1. Partial statement of the witness F in the court;

1. Investigation reports (Attachment, etc. to a statement of real estate transactions);

1. Application of Acts and subordinate statutes on recording and details of financial transactions;

1. Relevant Articles of the Criminal Act and Articles 347 (1) and 30 of the Criminal Act concerning the crime. Article 347 (Selection of Imprisonment);

1. Dismissal of an application for a compensation order: Article 25(3)3 and Article 32(1) of the Act on Special Cases concerning the Promotion, etc. of Lawsuits has received part of the money from the accused from the accused, and KRW 10 million has been paid from F in relation to this case.