사기
A defendant shall be punished by imprisonment for not less than eight months.
However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.
Punishment of the crime
【Criminal Records of Crimes】 On December 3, 2015, the Defendant was sentenced to a suspended sentence of ten (10) years for criminal fraud at the Daegu District Court, which became final and conclusive on December 11, 2015.
【Criminal fact-finding The Defendant was committed by the victim C, while receiving an investment as a cost for developing a factory site from the victim C, by claiming twice the purchase cost of the factory site more than the actual purchase price.
On April 2009, the Defendant proposed that the victim’s house located in Daegu Dong-gu, Daegu-gu, would purchase “3,475 U.S. E forest land in Gyeong-gun, Seongbuk-do, and remove earth and rocks to a factory site, sell them in the e forest land, and repay the principal of investment of aper with profits from the mar river improvement project and the Sung-dong field, with the priority to repay the principal of investment of aper, and invest the land purchase funds, etc. in the victim’s house.”
As a result, the victim accepted the above proposal, the defendant presented to the victim a real estate sale contract for the land in which the purchase price of KRW 139 million is stated, and made a false statement that it is necessary to pay KRW 139 million at the purchase cost of the above land.
However, the Defendant agreed to purchase the above land at KRW 70 million from F, which is the seller of the above land, and even if the Defendant was invested KRW 139 million from the damaged party as the purchase cost of the land, it did not intend to use the above land as the purchase price of the real estate.
On May 7, 2009, the Defendant promised to invest a total of KRW 237 million, including KRW 139 million, from the damaged person for the purchase cost of the above land, and received transfer of KRW 14 million as the down payment of the above land on the same day from April 22, 2009 to May 13, 2010, and received KRW 216 million as the purchase cost of the above land in the course of remitting KRW 69 million from April 22, 2009 to May 13, 2010.
Accordingly, the defendant is the victim.