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(영문) 인천지방법원 부천지원 2014.11.28 2013고단328
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

【Criminal Power】 On July 20, 2007, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Daegu District Court, and the judgment became final and conclusive on July 28, 2007.

[Around June 20, 2006, the Defendant made a false statement to the D Licensed Real Estate Agent Office operated by the Defendant in Seocheon-gu, Seocheon-gu, Seoul Special Metropolitan City, that “No 204 shall be leased to the victim E, and that “No 204 shall be leased to the second floor, and the owner F. 109 shall be exchanged with the owner F. 109, an unsold owner. 100 million won shall be leased to the first floor.”

However, in fact, the defendant did not have obtained the consent of the above exchange contract from the Construction Estimate F, and even if he received the exchange difference from the victim, he thought that it was necessary to use the knife fund for the collection of knife operated by the defendant at the time, and there was no intention or ability to exchange the commercial building 204, which is owned by the victim, with other commercial buildings.

The Defendant, by deceiving the victim, received 45 million won from the victim to the H account under the name of H on the same day, and received 25 million won in cash, etc. on the same day, and received 30 million won in total as the difference in exchange, such as remittance of 30 million won to the I’s account on August 4, 2006.

Summary of Evidence

1. Statement made by witnesses E in the third protocol of the trial;

1. Eth statement among the suspect interrogation protocol of the accused against the prosecution;

1. Part of the police interrogation protocol against the defendant, J and E;

1. Investigative report (Submission of Materials) and certification of the fact of closure of business;

1. A certificate;

1. A real estate contract;

1. The details of our bank accounts;

1. A report on investigation, and a credit information inquiry report;

1. Details of transactions in each account;

1. A certified copy of the register, a supply contract, a receipt, and a statement of account transactions;

1. A real estate lease contract;

1. Criminal history inquiries, investigation reports (verification of the same type of power), judgments rendered in 2011 High Court Order 347, status of personal identification and confinement, and application of each statute of the judgment;

1. Criminal facts;

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