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(영문) 서울서부지방법원 2013.05.24 2012고단2263
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On July 10, 2008, the Defendant was sentenced to ten months of imprisonment for a crime of fraud at the District Court of Jung-gu on September 19, 2008, and the execution of the sentence was terminated at the Jung-gu prison on September 19, 2008, and on November 11, 2010, the judgment was corrected on November 22, 201, which was suspended on April 1st, 201.

On the 19th of the same month, a fine of KRW 10 million was sentenced due to the crime of forging private documents, etc., and the judgment became final and conclusive.

November 19, 2010, the crime of fraud, which became final and conclusive on November 19, 2010 (one year of imprisonment, four months of imprisonment, and one year of suspended execution) is against the victim F.

On July 2, 2009, the Defendant, at the D Licensed Real Estate Agent Office located in Gyeonggi-si, Inc., said that “If the Defendant invests KRW 20 million in purchasing H land at the Gyeonggi-si, he/she would sell the said land to another person after two months and pay the principal and profit by selling the said land to him/her.”

However, there was no fact that the Defendant entered into a sales contract with the said H land owner I, and there was only thought that the investment funds received from the victim will be used as the purpose of paying interest on loans to the Defendant’s Ansan Mutual Savings Bank, and even if receiving money from the victim, there was no intention or ability to purchase the land and develop it normally, and then redeem the profit.

As such, the Defendant, in collusion with E, deceiving the victim, and deceiving the victim, on July 2, 2009, KRW 15 million from the victim, and the same month.

3. The person has received each delivery of five million won.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Copy of each protocol of suspect suspect of the police against E;

1. A copy of each police statement made to G and I;

1. A copy of a real estate sales contract, a copy of a receipt, a copy of a register, a passbook, and a copy of check;

1. Previouss before ruling: A copy of the inquiry report on criminal records, attachment of the same record to the suspect and present time.

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