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(영문) 서울중앙지방법원 2018.06.20 2016고단9175 (1)
사기
Text

A person shall be punished by imprisonment with prison labor for two months and by imprisonment for eight months for the remaining crimes as set forth in paragraph (1) of the judgment of the defendant.

Reasons

Punishment of the crime

[criminal history] Defendant A was sentenced to ten months of imprisonment for fraud at the Incheon District Court on March 13, 2009, and the judgment became final and conclusive on the same day. On April 3, 2012, Defendant A was sentenced to six months of imprisonment for fraud at the Incheon District Court on April 1, 2012 and completed the execution of the sentence on October 1, 2012.

[Criminal facts] [2016 Highest 9175]

1. B and joint crime Category B are the F representative director of the corporation F, which is the real estate consulting firm that had been located in the real estate subparagraph E of the building in Ansan-gu, Gyeyang-gu, Ansan-si, and C, the head of the consulting team of the above company, and the defendant are the employees of the above company.

The Defendant and B, and C, in fact, had G and the Victim H reliced in the sale price of KRW 4 billion.

D In spite of the intention or ability to intermediate the purchase of the D building with the loan from financial institutions, the victim was deceiving the victim to use the building for the purpose of lending expenses, etc.

Accordingly, at the F Consulting Office located in D building E around June 2008, the defendant, B, and C purchased the building in the name of the corporation, and offered the loan to the plaintiff and the victim in the amount of KRW 250,000,000,000, after paying the loan from the bank, after purchasing the building in the name of the corporation.

In order to obtain a loan from a financial institution necessary to purchase a building, it is necessary to bear expenses, and it will be possible to purchase the building with a loan from the principal place of the expenses.

“Along on June 11, 2008, the member was transferred KRW 5 million from the injured party to the Defendant C’s deposit account under the name of the Defendant as well as the total amount of KRW 4,938,00,000,000 from around that time to September 16, 2008, as shown in the list of crimes in attached Table.

Accordingly, the defendant, in collusion with B and C, acquired a total of 49,380,00 won from the injured party.

[2017 Highest 4346]

2. The accused and the victim I were also confined to the Incheon Southern-dong School in the Nam-gu Incheon Metropolitan City.

The defendant is a policeman at the beginning of July 2012.

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