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(영문) 대전지방법원 2017.12.07 2017고단3681
사기
Text

A defendant shall be punished by imprisonment for one year.

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

Reasons

Punishment of the crime

The Defendant, on November 7, 2008, purchased and developed the land located in Geumnam-gun, Chungcheongnam-gun, Chungcheongnam-gu, Daejeon, 117, and 312 Dong-dong apartment complexes in 117, and 312 Dong-dong, Ga-dong, Ga-dong, Ga-dong, Ga-ri, and the victim B, “on the loan of money, he shall purchase and develop the land and repay the principal by selling it, and the proceeds shall be two times.

“Falsely speaking.”

However, not only the Defendant did not have any specific property, but also did not have any intent or ability to deliver profits to the victim by normally promoting real estate development projects, even if he/she borrowed money from the victim due to the lack of a plan to raise funds for real estate development projects, in addition to borrowing money from the victim, from the public prosecution and other D under the name of the above land development projects.

The Defendant received a total of 190,3420,000 won from the injured party on October 20, 2008, as well as from October 31, 2013 to October 31, 2013, a total of 15 times, as indicated in the list of crimes.

In the end, the Defendant was delivered property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Each protocol made with respect to B;

1. A complaint;

1. Investigation report (inspection, etc. of certified copies of real estate registers);

1. A report on investigation (D telephone call for a witness);

1. A criminal investigation report (Binding data submitted by a complainant);

1. Response upon a request for cooperation in investigation;

1. A copy of the agreement;

1. Application of the Acts and subordinate statutes to verify the credit account's basic details, customer's comprehensive information inquiry, confirmation of cancellation of insurance contract, certificate of insurance contract loans, details of insurance contract loans, and transaction balance

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Article 62(1) of the Criminal Code of the Suspension of Execution [The amount of fraud by the crime of this case is large, the defendant has the same criminal record once (2006, 2006, 2006)], which is disadvantageous to the defendant, is the time when the crime of this case is committed, and the defendant is against the victim.

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