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(영문) 제주지방법원 2015.10.30 2015고단1262

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 30, 2015, the Defendant made a false statement to the effect that “In the event of contribution to land by a party, the Defendant would have sold a new apartment house with a scale of 3 to 40 households on the ground and divided profits by half, 30 million won as the construction cost first is required,” to the victim F (the age of 63) who owns the land of Seopo City D and E.

However, the Defendant did not have a housing construction license for constructing multi-family housing with more than 30 households, and even if the Defendant did not have any sufficient means to carry out the construction work, such as labor cost and material cost, which have not been paid as a result of selling a house with a size of 12 square meters, there was no intent or ability to carry out the new apartment construction work even if he did not receive money from the victim.

Around April 2, 2015, the Defendant, by deceiving the victim, received KRW 30 million from the victim, as construction cost, in the name of the Defendant, from the said victim to the Agricultural Cooperative (G) account under the name of the Defendant. On April 10, 2015, the Defendant received KRW 100,000 from the victim to the said Agricultural Cooperative account under the same name, and received KRW 90,000,000 from the Defendant’s name, and obtained KRW 5,000,000 from the Agricultural Cooperative in Seopo-si, Seopo-si, the Defendant acquired KRW 25,50,000 from the victim on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. The police statement concerning F;

1. A contract for the same business, a letter, a construction design contract, a written notification, and a certificate of contents;

1. Full certificate of the registered matters;

1. Application of Acts and subordinate statutes to a copy of the details of transactions, written confirmation of the results of electronic financial transfer, data on details of transactions, and inquiry of loan ledger;

1. Relevant statutory provisions and choice of punishment for criminal facts: Article 347(1) of the Criminal Act; Article 347(1) of the Criminal Act; and (1) The reason for sentencing a sentence of imprisonment with prison labor is that the Defendant may construct apartment buildings on a significant scale without any construction license for apartment construction; and