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(영문) 전주지방법원 2018.09.13 2018고단407
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Criminal Records] On March 31, 2017, the Defendant was sentenced to a suspended sentence of two years for a period of one year and two months for fraud at the Jeonju District Court.

8.31 The above judgment became final and conclusive.

[ criminal facts] The defendant is the operator of E, a company that is the agent of a new apartment construction work in a regional housing association that is being promoted in Doil-gu Seoul Special Metropolitan City.

1. On December 8, 2014, the Defendant related to the store located in the F regional housing association stated that “The Defendant borrowed KRW 20 million from the Plaintiff to borrow KRW 20,000,000,000, which was provided as security for commercial buildings within the apartment complex complex of the F regional housing association in the Jeonju-si, Seoul Special Metropolitan City.”

However, the above commercial building No. 1 had no intention or ability to provide it as security to the victim because it was already provided as security to I on June 21, 2014.

The Defendant, as such, by deceiving the victim, received KRW 20 million from the victim under the same day as the borrowed money.

Accordingly, the defendant was given property by deceiving the victim.

2. On October 1, 2015, the Defendant, at the place specified in paragraph 1, transfers the right to establish and operate a restaurant to the victim H at the G apartment site that is scheduled to be constructed in the Jeonnsan-gu J of the Jeonju-gu.

“.......”

However, in fact, the committee for promotion of the F Regional Housing Association for the purpose of establishing apartment units in the Flater, was not authorized to establish the association, and there was no delegation from K, the contractor, for the right to operate the restaurant.

As such, the Defendant: (a) by deceiving the victim; and (b) transferred KRW 20 million from the victim to the Agricultural Cooperative Account in the name of L on October 6, 2015; and (c) KRW 9,00,000 as the purchase price for restaurant operation rights; and (d) million on the same day on the 16th day of the same month.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement 1. H 1.

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