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(영문) 대구지방법원 의성지원 2015.06.11 2014고단152

사기

Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment became final and conclusive.

(e).

Reasons

Punishment of the crime

[Criminal Power] On March 27, 2014, the Defendant was sentenced to imprisonment with prison labor for one year and two years of suspended execution for fraud at the Daegu District Court, and the same year.

4. 4. The judgment became final and conclusive.

【Criminal Facts】

1. 피해자 D에 대한 범행 피고인은 2010. 6. 4.경 경북 군위군 E에 있는 부동산 중개사무실에서 피해자 D에게 위 F 등 2필지에 관하여 “땅이 푹 꺼진 부분은 인근에 있는 흙을 가져와서 매립하면 된다.”고 하면서 매매를 중개하였고, 같은 해

7. Around 20.20. Around the victim’s phone call, the victim made a false statement that “as soon as possible, with soil in the vicinity of the State, will be filled up immediately with the victim. First, money may be secured and filled up by securing soil.”

However, in fact, the defendant was a plan to pay the equipment rental fee with the above money in the situation that the equipment rental fee is overdue at another construction site at the time, and there was no intention or ability to reclaim the victim's land by purchasing soil.

The defendant received 3 million won from the defendant's agricultural bank account on the same day.

Accordingly, the defendant was given property by deceiving the victim.

2. On February 2012, the Defendant committed the crime against the Victim G, the Defendant concluded a sales contract with the Victim G on March 26, 2012, stating that “The building site was cut down after the Gyeong-gun, North Gyeong-gun, and the building was cut down, and the building was no longer constructed at the above site, and there are only one lot of land (I) owned within the building site, and permission was already granted.” On the other hand, the Defendant concluded a sales contract with the Victim G on March 26, 2012, with the victim and the said I real estate.

However, in fact, the above I land was not owned by the defendant and it was impossible to continue the construction due to the lack of permission, so the defendant did not have the intent or ability to complete the construction until the end of April 2012.

After that, the defendant I.D. around April 20, 2012.