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(영문) 서울동부지방법원 2018.02.01 2017고단4077
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 21, 2016, the Defendant was sentenced to a suspended sentence of ten months of imprisonment for fraud at the Busan District Court on April 21, 2016, and the judgment was finalized on April 29, 2016.

On December 24, 2014, the defendant in Gwangjin-gu Seoul Special Metropolitan City proposed the victim E to undertake the development work on land such as Chungcheong City F, etc. at the D' office where the representative director is the representative director.

As there is a lack of money to carry out the construction, it is possible to loan 15 million won to execute the construction work and to repay the commencement of the construction work.

If it is not possible to construct a set of timber, within the territory of the partnership development project in G in the Haju City.

80 square meters will be placed in the commercial area.

2. The term “assumed.”

However, in fact, the Defendant was at the stage of establishing only a plan to develop the above land at the time, and was unable to conduct a project for several years due to the lack of funds, so even if he borrowed money from the damaged party, he did not have the ability to subcontract the above land to the victim, and there was no ability to transfer the above commercial area to the victim.

Around December 24, 2014, the Defendant: (a) by deceiving the victim as above; (b) received KRW 15 million from the one bank account (Account Number (H) in the name of the Defendant from the victim; and (c) received KRW 15 million from the loan; and (d) received the delivery of KRW 43 million in total on three occasions from March 4, 2015, as shown in the attached list of crimes, from March 4, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Details of deposits to victims and account transactions;

1. Certificates of transfer of land allotted by the authorities in recompense for development outlay, certificates of borrowing, cash loan certificates, and written payments;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (referring to inquiries about relevant cases, etc.);

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The latter part of Article 37 of the Criminal Code for the treatment of concurrent crimes:

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