logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2017.12.22 2017고단3188
사기
Text

A defendant shall be punished by imprisonment for one year.

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

On January 2016, the Defendant, at the office of “E” in Daegu-gu Dong-gu, Daegu-gu, and 202, entered into a contract for vicarious execution related to apartment project with the victim F in the “E” office operated by the Defendant, the Defendant: (a) concluded a contract with the regional housing association G in Ulsan-gu, Ulsan-gu; (b) paid in full within four months from the loan of KRW 100 million for the promotion of the project; and (c)

The phrase “ makes a false statement.”

However, under the circumstances where the Defendant was unable to prepare business expenses, such as investing the amount of KRW 2 billion borrowed from the land owner in the apartment project of Pyeongtaek-si and the Gu-U.S. District Housing Association, due to the absence of any particular property, and the name of the principal and the corporation, and the Defendant had an intention or ability to pay the principal within the period agreed upon by the victim or to have the right to sell the apartment in Ulsan District.

The Defendant, as such, by deceiving the victim, received KRW 100 million from the victim to the Agricultural Cooperative Account in the “E” under the pretext of the loan loan around January 11, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness F;

1. A criminal investigation report (Submission of data by a complainant), certification of the details thereof, and a criminal investigation report (Submission of detailed statement on expenditure of suspect project costs);

1. Application of Acts and subordinate statutes to detailed inquiries about each type of loan and the results of transfer management;

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. In relation to the progress of the apartment sales business for the reason of sentencing under Article 62(1) of the suspended sentence under Article 62(1) of the Criminal Act, the nature of the crime is not good in light of the form of the crime, such as deceiving the victim with regard to the ratio of securing land of the association members, etc., and the amount acquired by the defendant exceeds KRW 100 million. It is unfavorable that the damage recovery is not a considerable portion by performing only some of the above 25 million won.

(b).

arrow