(영문) 전주지방법원 군산지원 2014.11.05 2014고단1066

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(영문) 전주지방법원 군산지원 2014.11.05 2014고단1066

사기

Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On March 2012, the Defendant concluded that “Around March 2012, the victim C would purchase the land among these forms of e-mail located in Nam-do, Namyang-do, and would sell a large-scale apartment complex to the military personnel. The government would promptly sell the apartment complex because of the fact that the underground funds of KRW 300 million are left in the city of Nam-do. However, if the money to purchase the land is insufficient and the money is lent, the Defendant would pay KRW 100,000,000 including the interest at the time of the purchase of the apartment.”

However, at the time, the Defendant did not have any special property and income, and there was little possibility that the business will be carried out because the land price for the sale business was required more than ten billion won, so there was no intention or ability to repay the money even if it was borrowed from the victim.

The defendant, from the victim on April 6, 2012, the defendant 10 million won around April 6, 2012, and the same year.

5.15. Minority KRW 20 million, and the same year.

5.21.Around 21.20 million won, for the same year.

5.23.Around 23.15 million won, for the same year.

8.29. Minority 29.15 million won, and the same year.

9.3.A transfer of 5 million won to the Agricultural Cooperative Account (Account Number: D) in each Defendant’s name.

Accordingly, the defendant deceivings the victim and defrauds the total of KRW 80 million.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to C by the police;

1. Application of Acts and subordinate statutes on details of passbook transactions;

1. The relevant legal provisions on criminal facts and Article 347(1) of the Criminal Act that stipulate the grounds for sentencing of the defendant for sentencing under Article 347(1) of the Criminal Act (Optional to Imprisonment), including the fact that the defendant is committed committed, and the defendant is older than 70 years old, have a large number of criminal records of criminal offenses, including the sentencing conditions favorable to the defendant, and the defendant committed the instant fraudulent crimes even though he/she was convicted of a crime and was under suspended execution, and the defendant committed the instant fraudulent crimes even during the suspended execution period, and

참조조문

-형법 제347조 제1항

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