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(영문) 부산지방법원 2014.07.17 2014고단2993
사기
Text

Defendant shall be punished by a fine not exceeding one million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On August 25, 2013, the Defendant entered into a contract with the victim for sale in lots and advertising agency with the victim C by stating that, through B, the vecco 2 exhibition center located in the Busan Shipping Daegu Tracco-dong, the Defendant would have a right to sell in lots at the face of 2 million won in connection with the sale of apartment units executed in the Dilwon in Busan, Busan, and around August 29, 2013, the Defendant entered into a contract with the victim for sale in lots and advertising agency with the victim at the F Co., Ltd. (hereinafter referred to as "F") office operated by the Defendant on the third floor of the Busan, Jin-gu E in Busan, Busan, to take over apartment construction in treatment, and specifically, the Defendant would proceed with the business by establishing a special purpose corporation by investing funds in treatment Construction, and is entitled to exercise the right to sell in lots and to act as an advertising agency."

However, in fact, F did not have the above apartment sale agency and advertising agency, and it was thought that the money received from the victim as the down payment will be used for personal debt payment, etc., so it did not have an intention or ability to exercise the right of vicarious sale and advertising agency as promised to the victim.

Nevertheless, the Defendant, by deceiving the victim as above, received KRW 20 million from the victim as the deposit account in the name of a new bank in the name of the Defendant around August 29, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes of police statement protocol to C

1. Relevant Article of the Criminal Act, Article 347 (1) of the Criminal Act, the choice of a fine (applicable to a fine in consideration of the fact that an agreement has been reached with the victim) concerning the crime;

1. Articles 70 and 69(2) of the former Criminal Act (amended by Act No. 12575, May 14, 2014).

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