beta
(영문) 대전지방법원 공주지원 2013.11.08 2012고단108

사기

Text

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

Of the facts charged in the instant case, the fraud against the victim C is acquitted.

Reasons

Punishment of the crime

On November 18, 2011, the Defendant was sentenced to one year of suspension of the execution of imprisonment with prison labor for perjury at the District Court for the purpose of perjury, and the said judgment became final and conclusive on February 23, 2012.

[2012 Godan108] The Defendant, as the actual owner of D apartment 406 Dong 1806, Dong 1806 at the time of the Government, concluded that “F” real estate agent office located E at the time of the Government on July 6, 2011, prepared a sales contract for the victim G and the above apartment, and concluded that “the Defendant would cancel the right of lease at the same time as the sales contract on the face of the contract amounting to five million won.”

However, there was no intention or ability to cancel the right of lease even if the victim receives the down payment from the victim.

As such, the Defendant, by deceiving the victim, received KRW 5 million from the victim with the agricultural bank passbook in the name of H as down payment in the same place.

[2012 Godan151] On May 27, 2010, the Defendant made a false statement to the victim J in the said site office that “When the Defendant leases construction materials (a pipe 200, a pipe 700 cinine, a safety launch plate 7) from July 2010 to the victim J, the Defendant would pay the monthly rent of KRW 460,000.”

However, the defendant did not have the intention or ability to pay rent even if the building materials are leased from the victim.

As such, the Defendant, by deceiving the victim and using the said building materials from the victim around that time, did not pay the sum of 7,360,000 won (460,000 won x 16 months) from that time until October 2011, thereby obtaining pecuniary profits equivalent to the same amount.

[2012 Godan256] On October 11, 2010, the Defendant brought a public prosecution to the effect that the Defendant “victim L” was false at the same time and place in the coffee shop located in Songpa-gu Seoul, Songpa-gu Seoul. However, according to L’s investigation agency and the legal statement, the Defendant is charged.