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(영문) 대구지방법원 안동지원 2020.02.18 2018고단690
사기
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On August 8, 2014, the Defendant was sentenced to two years of imprisonment with prison labor for a term of one year in the Daegu District Court’s Ansan Branch, and the judgment was finalized on August 19, 2014. ② On May 28, 2015, the Daegu District Court sentenced to two years of imprisonment with prison labor for a term of ten months, and the judgment was finalized on June 5, 2015. ③ On May 26, 2016, the same court was sentenced to three years of imprisonment with prison labor for a term of one year and six months and on March 24, 2017. ④ On May 26, 2017, the judgment was finalized on June 3, 2017.

【Criminal Facts】

The defendant is a person who was the actual chairperson of Daegu-gu building B, and a stock company C with the fourth floor.

At around 18:30 on June 26, 2012, the Defendant stated that “The Defendant would transfer ownership as much as the shares in the two-month shares by dividing the following shares by purchasing the said land in the company’s lot number and receiving the ownership transfer of the said land,” through the said C employee G through the “F Council member” in the building in Ansan-si, Dong-si, Dong-si, and the “F Council member” in the operation of the victim F in the second floor E., 2012.”

However, in fact, the Defendant was thought to use the money received from the victim as repayment of debt, payment of wages to employees, expenses, etc. because the financial situation of the Defendant was difficult at the time of receiving money from the victim, and even if receiving the purchase amount from the victim, there was no intention or ability to complete the registration

Nevertheless, the Defendant, as such, deceiving the victim and deceiving him from the victim to the I Account (Serial number: J) in the name of C Co., Ltd., 5,000,000 won as the down payment on the same day. The same year

7.3. The sum of KRW 119,760,00 in total was remitted and acquired as a balance.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F, G, K, and L;

1. A complaint;

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