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(영문) 대전지방법원 2013.05.29 2012고단3517
사기
Text

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

Reasons

Punishment of the crime

The defendant is a person engaged in real estate consulting business.

On February 2 to 3, 2008, the Defendant stated that “A victim E who became aware of the land through D, which was located in the business office for the sale of commercial buildings in the trade name and the US located in Seo-gu Daejeon, Seo-gu, Daejeon, shall purchase the land to Dong-gu, Daejeon, and be exempted from only the building at that place,” and that “A purchaser of a building shall lend money necessary for the construction of the building because the state of water-saving has already been set-off, and if he/she lends money, he/she shall pay interest on the principal and the principal borrowed after completing construction and sale within six months.”

However, the defendant received money from the victim and did not think that he will use it for the business of newly building F with F with the money, and it was thought that he would use the money for purchasing Daejeon-gu G and H I buildings owned by Dongbu Mutual Savings Bank.

Nevertheless, the Defendant, as seen above, returned the principal to F by means of a small-scale loan construction and sale in lots with a short-term short-term loan in F and reliance on interest income from the victim who believed that the Defendant would receive interest income on April 3, 2008, shall be KRW 40 million with the national bank account under the Defendant’s name, KRW 10 million with the same account around July of the same month, KRW 10 million with the same account around the same month, and KRW 10 million with the same account around the 15th of the same month;

5. Around 20.20.20.20.20.000,000 won, including 30,000,000 won, was remitted and acquired.

Summary of Evidence

1. Each legal statement of witness E and D;

1. The prosecutor's protocol of interrogation of the accused, E, and D included in E and D

1. Statement to E by the police;

1. Written statements of D;

1. A detailed statement of transactions in each passbook, all the registered matters, a certified copy of a real estate registry, and the application of statutes concerning a real estate sales contract;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Judgment on the Defendant’s assertion of alternative imprisonment penalty

1. The Defendant, at the time, talks with the victim about the possibility of purchasing the I building in addition to the F loan construction.

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