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(영문) 광주지방법원 2013.11.14 2013고단4285
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On December 20, 2006, the Defendant, who is engaged in the real estate brokerage business, stated that “A victim C who enters the same church as the Defendant and the same church in a restaurant where it is impossible to know the trade name in the Geong-gu, Gwangju, Gwangju is a money if two pages of the right to sell a site for taking measures against the daily life of the Sejong-si, Sejong-gun, Chungcheongnam-gun, Chungcheongnam-do. The Defendant, who is in charge of the real estate brokerage, stated that “A right to sell a site for taking measures against the daily life of the Sejong-si, Chungcheongnam-gun, Chungcheongnam-gun, shall be a money if two pages of the right to sell within two to three million won per unit of the right to sell within two to three years.”

However, even if the Defendant received money from the victim, he/she did not have the intent or ability to take account of the sale right (the well-knownbbb area) and received investment money from other investors E, and the victim expressed the relevant documents related to the bbb area, and expressed that the victim was the victim's intent to belong to the victim as if the victim invested.

Ultimately, the Defendant, by deceiving the same victim, received the money from the victim on December 20, 2006, KRW 23 million on December 28, 2006, KRW 23 million on December 28, 2006, and KRW 92 million on February 1, 2007, from the Defendant’s agricultural bank account under the name of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. An investment performance agreement, a land sale contract, a contract for the sale of land, a performance note, a statement of execution, a statement of sale of land for livelihood countermeasures, a letter of waiver of rights, a business registration certificate, a certificate of personal seal impression,

1. Application of Acts and subordinate statutes to the receiver, specifications of transactions of ordinary deposits, and text messages;

1. Article 347(1) of the Criminal Act and Article 347(1) of the Criminal Act regarding criminal facts and the reasons for sentencing are denied by the defendant. However, even if only the statement made by the defendant in this court and the details of the investment performance agreement prepared by the defendant together with the defendant are viewed to belong to the victim by clearly speaking different facts to the victim at the time of this case, including this, before and after this case.

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