2016 Highest 2858 Fraudulent

A

The scope of the police officer's office shall be the main body of the police officer's office, the office of the police officer's office

Attorney B, C, and D

March 3, 2017

A defendant shall be punished by imprisonment for not more than ten months.

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

Criminal facts

【Criminal Power】

On January 31, 2013, the Defendant was sentenced to a suspended sentence of two years for fraud at the Seoul Central District Court on February 8, 2013. The above judgment was finalized on July 4, 2014. On January 23, 2015, the Seoul Central District Court sentenced two years to imprisonment for a violation of the Act on the Punishment, etc. of Specific Economic Crimes (Fraud) at the Seoul Central District Court, which became final and conclusive on January 23, 2015. On December 10, 2014, the Seoul Central District Court sentenced eight months of imprisonment for fraud and two years of suspended execution to be decided on December 18, 2014.

【Criminal Facts】

On November 25, 2010, the Defendant, through G, made a false statement that “F real estate located in Dongjak-gu Seoul Metropolitan Government E, has several LIG apartment sales tickets constructed by an IF, which can be purchased at low cost.” The Defendant, through G, purchased the sales contract under the confirmation of the contractor’s construction.”

However, from October 2010, the above IG apartment was a dispute with the above IG apartment and the J, a corporation which entered into a business service contract with the above IG apartment, failed to pay the purchase price to the Association normally due to the accumulated accumulation, and the defendant was well aware of this situation at the time. Therefore, even if the defendant receives money from another person for the purpose of selling the above LIG apartment, he did not have the intent or ability to grant the sale right through the JJ.

As such, the Defendant, by deceiving the victim, received KRW 150 million as the down payment from the victim, as the down payment, and received KRW 25 million as the intermediate payment on March 15, 201, and acquired the total amount of KRW 175 million as the apartment sale price.

Summary of Evidence

1. Defendant's legal statement;

1. Legal statement of the witness H;

1. Statement of the police statement to K;

1. Complaint;

1. Agreements, cashier's checks and receipts;

1. Previous records of judgment: Criminal records, previous records of dispositions and previous records of dispositions, results of confirmation, inquiry into the summary of cases, and one copy of each judgment;

Application of Statutes

1. Article relevant to the facts constituting an offense and the selection of punishment;

Article 347(1) of the Criminal Act, Selection of Imprisonment

1. Handling concurrent crimes;

The latter part of Article 37 and Article 39(1) of the Criminal Act

1. Suspension of execution;

Article 62(1) of the Criminal Act

Reasons for sentencing

The sentencing conditions shown in the trial process of this case, such as the defendant's age, character and conduct, family relationship, home environment, motive and means of crime, circumstance after crime, etc., were determined as follows.

Judges Yellow-line