사기
A defendant shall be punished by imprisonment for not less than eight months.
Punishment of the crime
On May 24, 2012, the Defendant was sentenced to imprisonment with prison labor for six months at the Incheon District Court for fraud, and on June 1, 2012, the said judgment became final and conclusive.
On November 18, 2009, the Defendant entered into a contract with the victim for the removal of model parcels and the retreatment work with the victim E by making a false statement to the effect that “The Defendant would have the right to remove model parcels and reprocessing work at the G model parcels site located in the Gu-U.S.F.F., the Defendant would have the right to remove model parcels and reprocessing work.”
However, at the time, the above land and the above ground model voucher owned just Co., Ltd., and the above land and the purchase price of the above land were 3.8 billion won, and the cost of constructing officetels on the ground was 8 billion won, but the defendant did not have any particular property or financing capacity and did not have any capacity to purchase the site, and thus, the defendant could not prepare the construction price of officetels as well as the purchase price of the site. In particular, even though the above model voucher and its site were not actually purchased, it was concluded a removal contract with the victim, even though they did not have the right to remove the above model voucher and its site, they did not have the right to remove it.
The Defendant received a total of KRW 60 million from the victim to the Agricultural Cooperative (I) account in the name of H on November 18, 2009, and KRW 20 million on December 3, 2009, respectively, and received KRW 60 million from the victim.
Summary of Evidence
1. Defendant's legal statement;
1. Examination protocol of suspect against J by prosecution;
1. Part J and E in each protocol of suspect examination of the police against the accused (the investigative record, the 38th page, the 144th page)
1. Each police suspect interrogation protocol against H, J, or K;
1. Each police statement of L/ E;
1. A complaint filed by E;
1. Each investigation report (limited toM counterpart investigation, and M telephone investigations related to prosecutor's direction of investigation);
1. An investigation report (report accompanying a certified copy of the land register);
1. Each subcontract agreement, the details of account transactions, copies of the NongngHyngng passbook in H’s name, and the agreement on real estate transactions;
1. Judgment.