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(영문) 대전지방법원 홍성지원 2018.06.12 2017고단729
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[In fact, B and C received compensation land due to the development of Suwon-si D D, or expected that there was a demand for the purchaser to construct a new building from the parties, B and C introduced a construction business operator to the land owner who became aware of in the course of performing real estate brokerage business, and received the introduction cost or the introduction cost, and made it possible for the owner to mediate the lease contract for the new building and to receive the management of the building leased from the owner of the building (hereinafter referred to as "the project of this case"). Accordingly, B and C introduced F, a construction business operator, through Defendant and E, and entered into a new construction contract with B and C as the name of contract owner in the H office located in Suwon-gu, Suwon-si, Suwon-si, and around August 4, 2011 with B and F as the name of contract owner, and F paid the deposit deposit amount of KRW 20 million to B and C as the name of contract performance, 30 million,000,000 as the name of contract owner to newly construct the building site.

[2] Criminal facts require the Defendant to pay KRW 30 million to the injured party for the above tasks, and pay KRW 30 million in lieu of B and C, for personal use. On August 17, 2011, the Defendant needs to pay the injured party the cost of carrying out his/her duties to operate his/her business.

A false statement was made to the effect that “the remittance of the cost for performing duties to be paid is changed.”

However, the defendant did not have any connection with the above D D, and did not have been engaged in the work related to the owner of the land to build the new building, and even if he received money from the owner of the land for business promotion, he did not think that it would be personally used for living expenses, etc., and did not have the intent or ability to give orders to construct the new building to the victim through business activities.

Nevertheless, the defendant deceivings the victim as above, and around August 17, 201 from the victim, and around October 4 of the same year.

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