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(영문) 대구지방법원 2016.04.12 2015고단4624

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 6, 2015, the Defendant was sentenced to five years of imprisonment for fraud at the Daegu District Court, and the judgment became final and conclusive on January 28, 2016.

The defendant, as the representative director of the dispute resolution committee C on August 2, 2013, is the victim F, G, and H through E at the office of the dispute resolution committee office in the vicinity of the Mangyang-gu, Chungcheongnam-gu, Chungcheongnam-si, and the J, to select approximately 100,000 square meters of the first civil construction works among K development works in the Gyeongsung-gun, G, and H.

On August 31, 2013, if the deposit for construction contract is paid, it will be ordered to start on August 31, 2013, and if it is not commenced on the date of the promise, it will return the money.

“The phrase “ was false.”

However, in fact, since the purchase rate of land in relation to K Construction did not run more than 27% at the time, it was not possible to start the construction within the agreed date, and there was a lack of financial resources of the defendant or the defendant, and there was no intention or ability to return the money received when the commencement of construction is not possible.

As above, the Defendant, by deceiving the victims as above, received KRW 10 million from the victims on August 2, 2013, and transferred KRW 10 million on August 5, 2013 to the Agricultural Cooperative Account under the name of each Defendant, and acquired it by defrauded.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F, G, and E;

1. Each police suspect interrogation protocol and documents attached thereto (No. 7 through 12, No. 16 through 25) in relation to G and E;

1. Written complaint and accompanying documents (No. 1 through 5 No. 5 of the evidence list);

1. Each investigation report and accompanying documents (No. 13 through 15, No. 27 through 33, No. 36 through 39, No. 41, 42);

1. Previous convictions in judgment: Inquiry about criminal history, inquiry of the result of previous convictions in disposition, and application of Acts and subordinate statutes on investigation reports (Attachment of judgment);

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. Selection of imprisonment with prison labor chosen;

1. The latter part of Article 37 of the Criminal Code to treat concurrent crimes, provided that the reason for sentencing under Article 39(1) of the Criminal Code - that the sentencing criteria are not applied as a crime before the final and conclusive judgment - favorable circumstances before the final and conclusive judgment - the crime committed before the final and conclusive judgment