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(영문) 서울중앙지방법원 2018.07.04 2017고단864
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 1, 2004, the defendant was sentenced to six years of imprisonment by the Seoul High Court for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and was released on August 14, 2009, and completed the parole period on November 19, 2009. On September 5, 2013, the Chuncheon District Court sentenced one year of imprisonment with prison labor for a violation of the Punishment of Violences, etc. Act (damage, etc. to the registered object of a collective deadly weapon) and finally decided on March 17, 2014.

The Defendant, at around November 2012, in Seo-gu Daejeon, Daejeon, the “E” located in Seo-gu, Daejeon, may punish the Victim F with a large amount of money when completing this work.

B. It proposed that the company will acquire the remaining construction right and the right of sales agency of 552 apartment units upon investment.

However, in fact, the Defendant and H and I, who were trying to carry out the above apartment construction project, did not have any funds to acquire or secure the execution right of the above land up to KRW 00 million. However, in the absence of specific plans for securing the project right, they would like to secure the project right as if they could be able to secure the project right, and received the money from the damaged party as investment prohibition. Even if they received money from the injured party, they did not intend to use it as repayment or living expenses, and did not have the intent or ability to acquire the above apartment construction right or the execution right of the sale agency for the victim.

Nevertheless, the Defendant: (a) by deceiving the victim on January 10, 2013; (b) received 100,000 won from the victim; (c) received money from the Nonghyup Bank account (J) in the name of the Defendant on January 10, 2013 from around that time to February 19, 2013; and (d) received money totaling KRW 15,00,000 from four times as indicated in [Attachment List Nos. 21, 25, 27, and 30.

Summary of Evidence

1. Partial statement of the defendant;

1. Statement made by the witness F in the second public trial record;

1. The second police against the defendant.

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