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(영문) 대구지방법원 영덕지원 2017.05.17 2016고단215
사기등
Text

A person shall be punished by imprisonment with prison labor for not less than eight months and by not more than eight months for a crime set forth in the judgment of the defendant.

Reasons

Punishment of the crime

On February 22, 2012, the Defendant was sentenced to a suspended sentence of two years on March 1, 2012 by imprisonment with prison labor for a violation of road traffic law (dacting driving) in the Young-gu District Court Young-gu District Court’s Young-gu Branch on February 22, 2012.

1. The embezzlement Defendant made an investment in the purchase fund to the victim C in a non-permanent area below the 2005 Sejong-gun livestock breeding area. “The site and bath buildings located in Young-gun D have been set up as the subject matter.

After purchasing the ownership as owned by the victim, it was proposed that "the profits from the operation of the bath shall be distributed to the victim," and it was paid in cash 130,000 won as the purchase price for real estate from the person who has accepted it, and the victim purchased the above real estate as delegated by the victim, and completed the registration of transfer of ownership in the name of the victim on December 24, 2007.

On April 3, 2008, the defendant was entrusted with the sale of the above real estate, which is owned by the victim, from the injured party on the land (hereinafter infinite-gun livestock breeding area) and around April 3, 2008, and when the defendant received the sale of the above real estate between the injured party and the injured party, 130,360,000 won out of the sale of the above real estate shall be returned to the injured party, and the remaining part shall be the defendant.

Around April 3, 2008, the Defendant entered into a sales contract with the terms of selling the above real estate to E upon delegation by the victim. Around June 15, 2010, the Defendant received KRW 24,450,000 from E and received KRW 200,000,000 from E to pay KRW 133,60,000,000 among them for the victim. On June 15, 2010, the Defendant arbitrarily embezzled it for the personal use of the Defendant, such as the “G” operation fund, etc. located in the Gyeonggi-gu Seoul Metropolitan Government.

Accordingly, the defendant embezzled 130,000 won in cash owned by the victim.

2. Fraud;

A. On June 16, 2014, the Defendant committed fraud against the victim H by finding the victim H in an infinite area (hereinafter referred to as the “F infinite-gun”). In addition, the Defendant: “The Defendant is the actual owner of G infinite-gun; the Defendant is the actual owner of G infinite-gun; the Defendant was leased to operate for a period of three years.”

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