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Reasons
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(영문) 부산지방법원 2019.10.23 2019고정783
사기
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Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

around August 2016, the Defendant: (a) within the 5th floor of the Busan Jung-gu B Building, Busan, the victim D (n, 43 years of age) is the representative of the “ECo.,” and (b) intended to carry out the business of selling a hotel in Seo-gu, Busan. On the other hand, the sales performance should be accumulated once, and (c) the sales performance should first be carried out by the G” (hereinafter “G hotel”); (d) if the name of the right to sell a G hotel is up to 6-12 months, if the name of the right to sell the G hotel would be up to 25% of the investment proceeds therefrom; and (e) if the Defendant wishes to do so only at the middle, it would be able to recover the principal at any time after six months from the date of investment, and the name of the hotel sales right will also be transferred.”

However, even if the Defendant entered into a G hotel sales contract and paid the down payment to H “H”, the Defendant did not have any intent or ability to return the principal to the victim within the agreed period or to transfer the ownership normally.

Nevertheless, the defendant deceiving the victim as above and let the victim be subject to such deception from August 30, 2016 to the same year.

9. Until February 2, 200, a total sum of KRW 21,478,400 was remitted to the account in the name of “H”, which is the payment account for G hotel sales.

Accordingly, the defendant had a third party receive property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made to D by the police;

1. The application of Acts and subordinate statutes to a criminal investigation report (a voluntary submission of materials by a complainant);

1. Article 347(2) and (1) of the Criminal Act, Article 347(2) of the same Act, the selection of fines concerning criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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