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(영문) 대전지방법원 2013.06.21 2012고단2388

사기

Text

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

Reasons

Punishment of the crime

On October 2010, the Defendant purchased and developed three parcels, such as the victim D and Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun (hereinafter “E land”), at KRW 1 billion, and demanded the victim to purchase and develop the purchase price of KRW 50 million for the purchase and sale of the E land in KRW 50,000,000,000,000 for the use of the land in addition to the purchase and sale agreement amount of KRW 50,000,000,000 for the use of the land in addition to KRW 50,000,000.”

However, the fact was not yet concluded at the time of the service contract or the service cost was not determined, and even if the service cost was to be paid after the approval of the project, it was not necessary to pay the service cost for a considerable period of time, and the defendant was planned to use the money for another purpose when he was paid the money from the victim as the service cost.

Around October 8, 2010, the Defendant, by deceiving the victim, received money of KRW 50 million from the victim as the development service cost of land E in the name of the development service cost of land.

Summary of Evidence

1. The defendant's partial statement in each legal statement D, F and G;

1. Part of the protocol of examination of each prosecutor's suspect against the accused (excluding the part in which actual authenticity is not recognized);

1. Each police statement made to D, F, and G;

1. The defendant and his defense counsel's written consent to land use, passbook transfer certificate, written agreement, mermos defendant and defense counsel's assertion. The defendant and his defense counsel received the above money from the victim at the time when the defendant received 50 million won development service cost from the victim as development service cost for constructing film sets, etc. on the land E. The F entrusted by the victim with the authority to develop the E land did not prepare a business plan for the development of the E land. As such, the money was partially used as various facility cost of the film company office promoted by F under the direction of the F entrusted with the authority, and the rest of the money was developed by the victim with the consent of the victim.