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(영문) 부산지방법원 동부지원 2019.02.14 2018고단1282
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for a year and three months.

Defendant

B. The summary of the judgment on Defendant B is not known to the public.

Reasons

Punishment of the crime

On October 21, 2016, the Defendant told the victim E, who became aware of the introduction of the instant land in the north-gu C and D (hereinafter “instant land”), to the effect that “When investing in the instant land, he/she starts construction of two bonds from March 2017 to sell and purchase from the date of completion of construction on July.” The Defendant said that “I will leave the profits of at least KRW 50 million per bond to the amount of KRW 100 million.”

Around October 22, 2016, the Defendant continued to make an investment with B in the “F cafeteria” near the instant land, which read, “The Defendant will not only transfer the 2/3 equity interest of the instant land to the victim, but also sell and purchase the 30 foot unit house to the said 30 foot unit,” and also recommended investment to the same purpose.

However, even if the defendant received the above money from the victim, he was aware that he could not use the money as the land price to purchase the above land in G name, and the remaining money was not enough to use the money as the land price for the electric source house construction or the land price, and it was thought that he did not use the above money as the introduction fee to B, and it was thought that he would receive more money from the victim while carrying out the construction later, even if he received the above money from the victim, he sold the land in this case according to the promise and did not have the intention or ability to damage the house construction above.

As above, the Defendant deceptioned the victim, and got 60,000,000 won in cash from the victim on October 22, 2016, and transferred 10,000,000 won to the account under the name of the Defendant on November 1, 2016, and was delivered KRW 1,00,000 in cash on November 2, 2016, and KRW 140,000 in the name of the Defendant on November 15, 2016 and KRW 167,00,000 in the name of G (former owner) account on November 25, 2016, respectively.

Summary of Evidence

1. A witness B, and

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