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(영문) 대구지방법원 경주지원 2013.05.21 2012고단1383
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

【Criminal Power】 On May 26, 2011, the Defendant was sentenced to two years of imprisonment for a crime of fraud in Daegu District Court racing support, and the judgment became final and conclusive on October 26, 201. On May 8, 2012, the Defendant was sentenced to one year of imprisonment with prison labor for the same crime in the same court and became final and conclusive on May 16, 2012.

【Criminal Facts】 On June 21, 201, the Defendant had B and C make a false statement to the victim D that “I wish to purchase the current marina land at the Seocho-gu Seoul, Seocho-gu, Seoul, and I wish to pay KRW 140 million until July 21, 201, if I want to lend 100 million to the victim.”

However, the Defendant concluded with the Korean Racing Association on March 21, 2010 “Business Agreement on the Disposal of the Land for Horse Racing Zones” was terminated on June 3, 2010 due to the Defendant’s failure to conclude this contract, and thereafter, the Defendant did not attempt to purchase the said land. Since there was no way to prepare the said land as part of the purchase fund and there was no way to prepare it, the amount equivalent to KRW 9 billion was created with the purchase fund of the said land to B and C, and that part of the operating expenses was insufficient, the Defendant tolded to the same effect as the victim.

In addition, the defendant did not have any particular property at the time, and there was a debt equivalent to KRW 200 million, so even if he borrowed the above money from the victim, he did not have any intent or ability to repay it.

Therefore, the defendant deceivings the victim as above and let the victim deliver 100 million won to B and C at the Seocho-gu Seoul Metropolitan Government E-legal office around that time, thereby deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Each police suspect interrogation protocol concerning C and B;

1. Each police statement concerning D;

1. A notarial deed;

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