beta
(영문) 광주지방법원 순천지원 2019.07.25 2019고단907

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal Power] On November 25, 2016, the Defendant was sentenced to imprisonment with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Bribery) at the Gwangju District Court, and the said judgment became final and conclusive on June 19, 2017.

【Criminal Facts】

On April 2010, while the Defendant promoted a redevelopment project for the zone B located in Gwangju Dong-gu where the Defendant had resided from around early 2000, the Defendant introduced the victim from the mother of the victim C's friendship D, and aided the victim to purchase the detached houses located in the said zone at KRW 58 million and made the registration of ownership transfer on April 12, 2010. On July 6, 2010, the Defendant tried to have the victim completed the registration of ownership transfer on July 6, 2010 for the purpose of opening the inner name.

On October 14, 2010, the Defendant called the victim on the phone and saying, “The Defendant would be able to obtain a wide franchise sales right. To do so, the Defendant would sell a small number of houses currently in possession and purchase a wide number of houses, and would make it possible to inquire about, and prepare documents necessary for the transfer of ownership.”

However, the defendant sold the house owned by the victim, received the price and tried to use it as an urgent expense necessary for the redevelopment project, and the victim did not have any intention or ability to purchase the house more broadly.

On October 15, 2010, the Defendant, by deceiving the victim as above, was issued by the victim with a certificate of personal seal impression, certificate of personal seal impression, certificate of resident registration, copy of resident registration certificate, copy of resident registration certificate, etc. necessary for the transfer of ownership of the above detached house, which is worth at least 58 million won in G Jeonggu in Gwangju Mine-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Land in the real estate register, which is the details of deposit and withdrawal transactions, the certified copy of the real estate register, the president of an ordinary loan, a letter of default, and the real estate register;