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(영문) 광주지방법원 2018.01.17 2017고단5024

사기

Text

The punishment of the accused shall be determined by six months of imprisonment.

Reasons

Punishment of the crime

On December 15, 2011, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes and one year of suspended execution on December 23, 201. On September 8, 2016, the Defendant was sentenced to three years of imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) and two years of imprisonment with prison labor, and the judgment became final and conclusive on July 11, 2017.

1. On March 2010, the Defendant related to the plastic houses for cultivating facilities in Songpa-gu Seoul, Songpa-gu, would have the victim D’s “E” restaurant located in Gangdong-gu Seoul Metropolitan Government, and would have the victim receive the right to move into a commercial building upon purchasing the superficies of the plastic houses for cultivating facilities in Songpa-gu, Seoul.

If it is erroneous, it will be responsible for it.

The phrase “ makes a false statement.”

However, the Defendant did not have acquired the superficies of the said plastic house, and there was no guarantee that the victim had the right to move into the commercial building since there was no accurate information or confirmation even if the victim purchased the superficies of the plastic house. Therefore, the Defendant did not have any intention or ability to allow the victim to move into the commercial building.

However, on March 4, 2010, the Defendant: (a) by deceiving the victim; (b) by deceiving the victim; and (c) by making the purchaser the her husband F with the her husband F; and (d) obtained a delivery of KRW 95 million as the purchase price.

2. On March 2010, the Defendant related to the plastic greenhouse for the cultivation of the facilities in Songpa-gu G and 7 lots, the Defendant would have the victim obtain the right to move into the shopping mall upon purchasing the superficies of the plastic greenhouse for the cultivation of the facilities in Seoul, Songpa-gu G and 7 lots.

If it is erroneous, it will be responsible for it.

The phrase “ makes a false statement.”

However, the defendant did not have acquired the superficies of the above plastic house, and even if the victim purchased the superficies of the plastic house, there is no accurate information or confirmation.