logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울남부지방법원 2016.08.10 2015고단2510
사기
Text

A defendant shall be punished by imprisonment for not less than five months.

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

Reasons

Punishment of the crime

The defendant was a contractor of Pyeongtaek-gun C or D ground collective housing

A person who was an agent of E (State) and the victim F is a building contractor and intended to lend the name of G (State) to another person.

On March 31, 2014, the Defendant: (a) at a coffee specialty store where it is impossible to know the trade name located in the main phase of the original city around March 31, 2014, the Defendant completed the frame from the first to eight floors in the construction industry for Pyeongtaek-gun C and D multi-family housing in Gangwon-do; and (b) concluded this contract with the construction right.

The term "the contract amount of KRW 10 million is changed" and the contract for the transfer of the right to construction was prepared.

However, the facts revealed that E had already renounced the execution right of the instant real estate on or around December 26, 2007 and had been executed by H from March 24, 2008 to September 14, 2009, and from September 15, 2009 to November 28, 201, the Defendant had no capacity or intent to transfer the execution right to the victim even if he received money from the injured party.

Nevertheless, the Defendant, by deceiving the victim, received KRW 5 million from the victim to the Agricultural Cooperative Account under the name of the Defendant, and transferred KRW 5 million to the new bank account under the name of the J, the Defendant’s agent.

In addition, from that time until July 22, 2011, the Defendant received a total of KRW 32 million over four occasions, such as the list of crimes in the attached Table, and acquired it by fraud.

Summary of Evidence

1. Each legal statement of the witness F, K, J and L;

1. Part of the statement made by the prosecution against the defendant (including the whole part)

1. Statement of reference by the prosecution concerning the F;

1. A copy of the contract for transfer of construction rights;

1. A copy of the transaction of passbook;

1. Copy of the letter of transfer guarantee;

1. A copy of the certificate;

1. To submit a report on investigation (report accompanied by data related to the change of the project) and data based on cooperation data in investigation;

1. A written agreement on the waiver of construction works;

1. Cases of responding to the verification of the details of the written agreement on the waiver of construction works;

1.A copy of the statute of limitation shall apply.

arrow