(영문) 창원지방법원 2013.08.09 2013고단887

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(영문) 창원지방법원 2013.08.09 2013고단887

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A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On September 207, 2007, the Defendant, along with C, delegated the construction of the buildings of the second and tenth floors above the above land to the landowners and the remainder of the buildings by selling them in lots,” and colors the constructor around that time.

On November 2007, the defendant explained the above business to the victim G through F, a partner of C, and talked that the defendant will carry on the above business on the part of the whole floor of new building and 120 million won, which is part of the expenses required for the name city of the old building, under the pretext of the introduction expenses.

Around November 14, 2007, the Defendant, like C, entered into a contract with the victim, stating that “If the Defendant and C provide land to the Defendant and C, and then transferred the entire nine floors of the first, fourth, and nine floors to the Defendant and C, the ownership of the land shall be transferred to the victim, but the victim shall pay KRW 120 million, which is a part of the expenses incurred in the name city of the old building, to December 20, 2007.”

However, in fact, since the original landowners have resolved the tenant problem smoothly and requested the defendant and C to undertake the project, the defendant did not have any cost required for the evacuation of the building.

On December 21, 2007, the Defendant received KRW 120 million from the victim to C account under the pretext of the name of the building.

Accordingly, the defendant, in collusion with C, deceiving the victim, thereby deceiving the property.

Summary of Evidence

1. Statement made by the witness G in the second protocol of the trial (it can be known that the name of money received by the defendant from the victim is "building name expenses");

1. Statements of witnesses F and C in the second protocol of the trial;

1. A protocol of examination of part of the defendant by prosecution;

1. The police statement to I and J;

1. The amount that the defendant received from the victim in the contract attached to the complaint.

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