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(영문) 전주지방법원 2013.04.18 2012고단1855
사기등
Text

A person shall be punished by imprisonment with prison labor for four months with prison labor for a crime of No. 2 in the judgment of the defendant.

except that this shall not apply.

Reasons

Punishment of the crime

On January 5, 2012, the Defendant was sentenced to imprisonment with prison labor for one year at the Jeonju District Court for fraud, and the said judgment became final and conclusive on January 13, 2012.

[2012 Highest 1855]

1. On December 2010, the Defendant purchased the land for studio construction at the “D” coffee shop located in Yasan-gu, Jeoncheon-gu, Jeonju-si, and the victim E purchased the land for studio construction from her East with son and to her three parcels of land. At the latest 15 to 20 days, the Defendant may enter the construction. However, there is a criminal case where there is a criminal case and is detained, the studio construction will be carried out if he lends 20 million won to her. When she carries out the studio construction, 50 million won will remain.

However, there was no room for the Defendant to start the studio construction at the time, and there was no room for checking whether the studio construction was actually carried out, and there was no room for checking whether the studio construction was actually carried out. As a result, it was urgent to prepare the deposit money of a fraudulent criminal case that is imminent at the time of the pronouncement date, the above studio construction was carried out as if the studio construction was definitely definitely carried out to the victim, and there was no intention or ability to actually leave the studio construction to the victim.

The defendant stated in the bill of indictment from the victim around January 5, 201 as " around January 15, 2012," but it seems to be a clerical error.

It was issued KRW 20 million by the victim in the comprehensive petition office of the Jeonjin-gu District District Court in the Jeonjin-gu Seoul Special Metropolitan City with the virtue of 1416-1 as the victim's studio construction.

Accordingly, the defendant was given property by deceiving the victim.

[2012 Highest 2181]

2. Around February 7, 2012, the Defendant and the victim G entered into a contract with limited liability companies I to purchase soil and sand at the construction site of the J-si apartment construction site in the name of the limited liability company substantially operated by the victim and agreed to divide the profits if the victim transported and sold them.

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