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(영문) 대구지방법원 포항지원 2012.09.17 2011고합105

특정경제범죄가중처벌등에관한법률위반(사기)

Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The Defendant is a person who operates a “D Licensed Real Estate Agent” in the Northern-gu, Northern-si C at Port.

Around August 1, 2010, the Defendant, at the said licensed real estate agent office, received KRW 200 million from the victim E (F after the opening of the name) to the victim E (F) at the end of the said licensed real estate agent office, stating that “any apartment that has come to be sold as a gold sheet, and if sold back, a large amount of gains can be left.” The Defendant received KRW 500 million in total under the same name as the list of crimes in the attached Table from around September 1, 2010 to November 26, 2010, stating that “a apartment that has come to be sold as a gold sheet shall be sold immediately after the purchase of the apartment that has been sold at the face of the 200 million won, and the principal shall be repaid until October 1, 2010,” and received KRW 500 million in total from the victim’s account at the same place as the list of crimes in the attached Table.

However, at the time, the Defendant was liable to pay approximately KRW 30 million, and approximately KRW 2.2 billion to other persons than the financial rights, and there was no property other than the real estate without property value due to the establishment of the security right. As above, even if the Defendant borrowed money from the victim, the part of the purchase of the right to sell an unsold apartment unit located at the time of port, and most of the remainder were to be used in paying the principal or interest of the debt to other persons, so even if the Defendant borrowed money from the victim, it did not have the intent or ability to pay it on the agreed date of repayment.

Nevertheless, the Defendant, as above, by deceiving the victim as above, obtained a total of 500 million won from September 1, 2010 to November 26, 2010 from the victim and obtained a total of 10 million won.

Summary of Evidence

1. A statement to the effect that he receives money from a victim at each time listed in the list of offenses and the annexed list;

1. Legal statement of witness E;

1. Each protocol of examination of the accused by the prosecution (including two-time interrogations);

1. Fact-finding certificates;

1. Written opinions;