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(영문) 대전지방법원 홍성지원 2015.09.11 2014고단202
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On April 15, 2011, the Defendant was sentenced to two years of suspension of the execution of imprisonment for the violation of the Punishment of Tax Evaders Act in the Daejeon District Court red support on July 30, 201, and the said judgment became final and conclusive on July 30, 201.

On November 24, 2009, the Defendant made a false statement to the effect that “The apartment in Gwangjin-gu Seoul Special Metropolitan City (hereinafter “the apartment in this case”) is to be executed and constructed, and the apartment in this case is owned by the actual owner of the apartment in this case, and the apartment in this case is to be leased to the owner of the apartment in this case if it is the owner of the key money for lease on a deposit basis.”

However, under the circumstances where it is difficult for the Defendant to pay the construction cost of the apartment of this case due to the default of national taxes of approximately KRW 1.9 billion in the process of executing and constructing the above apartment of this case, the Defendant transferred the ownership of the apartment of this case to the above E’s head around May 4, 2009 in order to secure approximately KRW 120 million borrowed from E on the grounds of registration expenses, etc., on or around May 4, 2009. On October 7, 2009, the Defendant transferred the ownership of the apartment of this case to the above G name on the condition that the Defendant would pay the amount to be repaid to the above E in lieu of G. Thus, even if the Defendant did not have any substantial ownership of the apartment of this case, even if he was paid the money for lease on a deposit basis from the victim, he did not have any intent or ability to return the money for lease.

Ultimately, the Defendant, by deceiving the victim as above, received 40 million won from the victim to the new bank account under the name of the Defendant on the same day, and obtained 10 million won around July of the same year, and obtained 100 million won from the 8th day of the same month, and acquired 150 million won in total, from each transfer to the corporate bank account under the name of Pakistan Co., Ltd. to the corporate bank account.

Summary of Evidence

1. Statement of the accused in the third protocol of trial;

1. Each prosecutor's protocol of examination of the accused;

1. Statement by the prosecution concerning D;

1. Written statements of D;

1. A certified copy of the register;

1. Previous convictions in judgment: criminal records and references;

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