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(영문) 대구지방법원 2019.03.21 2016고단5333
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 25, 2016, the Defendant was sentenced to a suspended sentence of one year and six months for fraud at the Seoul Central District Court, which became final and conclusive on November 15, 2016.

[2016 Highest 5333] On November 7, 2014, the Defendant made a false statement to the effect that “The Defendant would allow the victim B to carry out a sales agency by way of the loan loan in the same time as it is possible to carry out the construction in the future,” a contract to the effect that “The down payment would be changed.”

However, in fact, the Defendant did not have entered into a joint development project agreement with the instant land owners, and the Defendant did not have the ability to pay KRW 3 billion to the land owners for the implementation of the said contract. Therefore, even if it received the down payment as above, the Defendant did not have the intent or ability to allow the victims to conduct the sale agency business.

Around July of the same day from the victim, the Defendant, by deceiving the victim as above, received KRW 20 million from the Agricultural Cooperative Account in the name of the Defendant, which was operated by the Defendant, and acquired it by deceiving KRW 10 million from the same account around the 20th day of the same month.

[2017 Highest 5672]

1. On February 17, 2014, the Defendant made a false statement to the victim G and H that “The F Office located in Dongducheon-si, Dongcheon-si, I conduct a solicitation project of the I Regional Housing Association. The land and the land used were adjusted, and the J loaned money as a payment guarantee and continued the construction work. The props do not have only four persons, and it is very favorable and highly likely to success. If the Defendant borrowed KRW 40 million, the principal shall be returned to only six months after the commencement of the sale of the apartment of the said association, and one million won per household shall be paid at the time of the sale of 100 households necessary for the establishment of the association.”

However, at the time of fact, the progress of the apartment sale business of the above association was only obtained with the user's land and the consent to the use of the site, and only paid the amount of KRW 50 million for the real estate sales contract.

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