사기
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.
Punishment of the crime
around May 2017, the defendant, at the office of the victim C Co., Ltd. located in Seocho-gu Seoul Metropolitan Government around May 2017, there is an unsold portion of about 500 households for the victim's company's representative director D, "Dasan E apartment," which can be implemented by attracting investors in Korea.
When the payment is implemented, the exclusive right to the sales agency will be given to thener.
In order to pay the card value individually, the money is paid to the person. When a sales agency enters a sales agency business, the money will be paid to the person.
It shall be repaid at the latest within six months.
“A false statement was made to the effect that it was “.”
However, in fact, the Defendant did not have a specific plan to execute the portion of the above apartment, and there was no special asset or income at the time, and even if the Defendant borrowed money from the damaged party such as the credit management information registered from around 2013, the Defendant did not have the intent or ability to pay the victim with the exclusive right to sell the above apartment units and to pay the borrowed money.
Nevertheless, the Defendant received from the injured party the F account in the name of the Defendant (Account Number: G), KRW 5 million around May 25, 2017, KRW 15 million around May 29, 2017, KRW 180 million around July 18, 2017, KRW 10 million around October 18, 2017, KRW 10 million; KRW 15 million on October 25, 2017; KRW 5 million on January 19, 2018; and KRW 5 million on January 19, 2018. < Amended by Act No. 15094, Oct. 25, 2017; Act No. 15094, Oct. 25, 2017; Act No. 15095, Jan. 5, 2018; Act No. 15090, Mar. 22, 2018>
Accordingly, the defendant was given property by deceiving the victim.
Summary of Evidence
1. Each legal statement of witness D and H (name after the opening of each court: I);
1. Statement made by the police against D;
1. Investigation report of each fact-finding certificate by J and K (report on the content of the suspect A telephone statement by the suspect);
1. Loan certificate and contract for borrowing and lending of money;
1. The defendant's defense counsel asserts that there is no intention to acquire money because the defendant did not deception the victim, the defendant did not receive money in return for giving exclusive rights to sell the apartment unsold in lots, and the defendant is not well aware of the fact that the sales of the apartment unsold in lots was actually executed.
However, the victim.