beta
(영문) 제주지방법원 2018.01.23 2017고단1546

사기

Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The defendant is the representative director of the FF corporation, which is the start-up corporation of the new E-Ground Housing Construction Corporation at Jeju City.

On the other hand, the victim G (the spouse H entered into a sales contract in the name of the spouse) shall set forth No. 104 of the first ground No. 104 of Jeju around July 2, 2015, KRW 330,000,000, and the victim K shall be the same year.

8.6. Around September 201, around 103: (a) each sales contract was concluded for KRW 300 million; (b) since September 2015, the construction was suspended due to the project owner’s financial standing, etc.

On September 11, 2016, the Defendant stated that “The 11st public-private partnership companies could lose their property rights when provisional seizure is carried out, the two parties would be able to move in in advance with the approval of temporary use from the permitting authority, on the ground that the provisional seizure is possible, on the ground that the part of the part of the part of the part of the part of the construction work, the Defendant would be able to move in in in advance with the approval of the temporary use from the permitting authority.”

However, in fact, the victims did not have succeeded to the status of the first ground housing construction project, and even if the victims received the construction payment from the victims, they did not have the intent or ability to properly perform the promised construction work. Therefore, there was no intention or ability to move into the victims with the approval of the provisional use of the said housing unit.

As such, the Defendant, by deceiving the victims, received 30 million won from the victim K to the Agricultural Cooperative Account (L) in the name of F Co., Ltd. on September 12, 2016, and 30 million won from the victim G to the same account.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and J;

1. Statement protocol of the police with respect to G (including part concerning K);

1. Some of the statements made by the police against J;

1. A receipt, a detailed statement of entry and departure, and a contract for construction works of each private sector (five times a year);

1. A detailed statement of entry and withdrawal transactions;

1. Investigation report (the amount received as a suspect);