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(영문) 대구지방법원 2018.09.20 2018고단2868
사기
Text

A defendant shall be punished by imprisonment for a term of one year and four months.

Reasons

Punishment of the crime

On August 2015, the Defendant, who runs a construction business with the trade name of “C”, will be entitled to newly construct the entire housing bonds by dividing it into seven parcels after purchasing the land at the address of the Defendant, and then dividing it into seven parcels at the site of the electric housing business in Busan Metropolitan City D.

If an investment is made by selecting the desired place among the partitioned land, it may be made by newly constructing and selling the whole house within six months at the latest.

“.......”

However, in fact, the Defendant did not have entered into a sales contract with F, the owner of the land at the above address, and did not have the ability to pay the purchase price for the land at the above address equivalent to approximately KRW 1.7 billion. The Defendant did not have the intent or ability to carry out the sale contract for the land at the above address even if he did not receive the investment money from the damaged party as the investment for the sale of the house for electric source.

Nevertheless, on August 21, 2015, the Defendant, without notifying the victim of the above matters, by deceiving the victim as such, and received KRW 10,000,000 from the Saemaul Treasury account (Account Number: G) in the name of the Defendant around August 21, 2015 from the victim, and received transfer of KRW 163,484,00 in total from the victim five times in total, as shown in the list of crimes in the attached Table, from September 12, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to the details of transactions in the name of inquiry, confirmation, recording, response following a request for cooperation with investigation, and the details of transactions in the accounts of Saemaul Treasury A;

1. Relevant Article 347 of the Criminal Act and Article 347 of the Criminal Act (including the cases) and the reason for sentencing selection of imprisonment with prison labor;

1. The scope of the recommended punishment according to the sentencing guidelines [the scope of the recommended punishment] general fraud (the amount of at least KRW 100 million, the amount of less than KRW 500 million) is the basic area (one year to four years) (the person subject to special sentencing).

2. The money obtained by the Defendant by deception is KRW 160,000.

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