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(영문) 부산지방법원 2015.06.26 2015고합173
특정경제범죄가중처벌등에관한법률위반(사기)등
Text

A defendant shall be punished by imprisonment for not less than three years and six months.

The defendant pays 93 million won to the applicant for compensation by deceit.

3.2

Reasons

Punishment of the crime

On August 12, 2010, the Defendant was sentenced to 8 months of imprisonment for fraud and 8 months of imprisonment for special larceny in the Busan District Court. On January 28, 2011, the Defendant was released on January 28, 2011 during the execution of the sentence, and the parole period passed on April 20, 201.

Criminal facts

[2015Gohap173]

1. Around April 26, 2012, the Defendant of the violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud) against the Victim F stated that “The Defendant would sell one bond of KRW 400 million at the cost of selling the down payment of KRW 250 million to the victim’s house in the “AJD KabC” located in Yangsan-si D.

However, in fact, the defendant did not secure the site for the new construction of the electric source house, did not have any property as a bad credit holder, and did not have any accumulated debt amount, and even if he received money from the victim, he planned to use it for the purpose of the reserve fund necessary for open opening of the club promoted separately by the defendant. Accordingly, even if he received money from the victim, he did not have the intention or ability to sell it to the victim by newly building the electric source house

As such, the Defendant, by deceiving the victim, obtained a total of KRW 878,00,000 from April 26, 2012 to May 4, 2012, by transfer or remittance, and acquired a total of KRW 250,000 from around three times from around April 26, 2012, and obtained a total of KRW 878,00,000 from the victim to sell the house by newly building and selling the house by December 26, 2013, as shown in the attached crime list.

The prosecutor changed the bill of amendment with the content of correcting the "defacation of eight million won" in the attached Table 5 "defacation method" by "defacation of KRW 20 million".

2. The criminal defendant against the victim BG is at the law firm BI office located in Busan BH around May 23, 2013, around 15:00.

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