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(영문) 수원지방법원 2012.12.12 2012고단279
사기
Text

Defendants shall be punished by imprisonment for six months.

However, with respect to Defendant B, it shall be for 2 years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

Defendant

A on July 24, 2001, after having been sentenced to two years and four months of imprisonment for fraud, etc. at the Suwon District Court, on August 6, 2002, after having been sentenced to one year and six months of imprisonment for fraud at the Suwon District Court on March 28, 2005, the execution of each of the above punishments was terminated, and on May 3, 2012, the Suwon District Court sentenced the three-year imprisonment for fraud at the Suwon District Court on September 13, 2012.

The defendant A's share in the land is limited to 171.57/2 of 765, and there are many co-owners of the above land, and the relationship of rights is complicated because there are many registration of establishment of a mortgage and provisional seizure, etc., within six months, the commercial building of this case is not likely to be developed, and even if the defendants did not have the intent or ability to use the money for the development of the commercial building of this case even if they received money under the pretext of investment in the development of the commercial building of this case, the defendants were able to obtain money by deceptioning the development of the commercial building of this case.

On June 20, 2006, the Defendants made a false statement to the victim H that “If the Defendants invested KRW 150 million in the name of the purchase fund and development fund of the instant commercial building, the said commercial building will be developed and paid KRW 300 million after six months.”

In collusion, the Defendants: (a) deceiving the victim as such; and (b) deceiving the victim as such, around June 20, 2006, around July 20, 2006, and around August 20, 2006, the indictment was “2006.” However, in light of Defendant B’s statement and provisional attachment order, the date on which the second money was issued appears to be August 20, 2006; and (c) this portion was acknowledged differently from the indictment since there is no possibility of impeding the Defendants’ exercise of their right to defense.

It received a total of KRW 150 million, including KRW 50 million.

Summary of Evidence

1. The defendant A and the defendant concurrently.

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