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(영문) 서울중앙지방법원 2016.11.09 2016고단5263

사기

Text

A defendant shall be punished by imprisonment for four months.

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

Reasons

Punishment of the crime

[criminal power] On August 29, 2012, the Defendant was sentenced to ten months of imprisonment for fraud in the original state branch of the Chuncheon District Court, and the said judgment became final and conclusive on May 27, 2013.

【Criminal Facts】

around October 2007, the Defendant became aware of the victim D while attending the c's lecture for the dynamic thought.

Around February 23, 2008, the Defendant made a false statement to the victim that “The Defendant would sell a commercial building of approximately KRW 3.3 square meters of “F” (one square meter), a child uniforms wholesaler located in Yeongdeungpo-gu Seoul Metropolitan Government, to the victim, who is located in Yeongdeungpo-gu, Seoul. The Defendant may rent from May 2008 to receive KRW 500,000 to KRW 600,000,000.”

However, in fact, the Defendant, from the beginning, tried to receive the sale price from the victim and use it for personal purposes, and the right to lease the above commercial building was purchased from G by paying KRW 2 million to KRW 3 million per unit, and the actual purchase price of the above right to sell was limited to KRW 2 million to KRW 3 million. Furthermore, even if the above right to lease the commercial building has little property value, such as prohibition of entry into the commercial building, and even if it is paid the sale price from the victim, there was no intention or ability to receive the normal commercial building from the victim or enable the victim to make the profit from the lease.

On March 3, 2008, the Defendant, by deceiving the victim as above, was transferred from the victim to one bank account (number I) in the name of the Defendant’s father H on March 3, 2008 as the sales price for commercial buildings.

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement concerning G;

1. Copy of the statement made to D by the police;

1. A copy of the F-sale contract;

1. A copy of the bankbook in the H name of one bank (Evidence No. 7,58);

1. An investigation report (with respect to the confirmation of the security value of the lease agreement);

1. Confirmation of a witness's J telephone statement;

1. Previous convictions in judgment: Criminal records, US records, and results of confirmation;