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(영문) 전주지방법원 2015.05.15 2014고단1858
사기
Text

A defendant shall be punished by imprisonment for three years.

Reasons

Punishment of the crime

On November 26, 2008, the Defendant was sentenced to three years of imprisonment with prison labor at the Jeonju District Court for fraud, etc. and completed the execution of the sentence on June 26, 2011, and on June 10, 2014, the said judgment became final and conclusive on December 19, 2014, by being sentenced to one year of imprisonment with prison labor for fraud in the same court.

1. On December 18, 201, the Defendant, under the pretext of the sale price, is well aware of the representative director of the G company, who is the parent company of the F apartment in the Gunsan-si, which was scheduled for sale on February 2, 2012, at the office of “D” in the operation of the Defendant located in Seojin-gu, Seoul Special Metropolitan City around December 18, 201, and is also aware of the convenience of the H head of the G company and the NA.

As such, it will be possible to purchase the F apartment bonds at a low price if the purchase price is to be paid in advance.

“In fact, the Defendant merely established the company D, and did not know about three years of imprisonment with prison labor for fraud, and did not have any person to exercise influence with the relevant persons, such as the F representative Director, and even if having received money in the name of sale price, he did not have any intent or ability to have the victim purchase the said apartment at a low price, and did not have any intent or ability to use the money received from the victim to purchase the said apartment. On December 21, 2011, the Defendant received 12 million won from the victim’s account (Account Number: I) from the victim, and received 15 billion won from the victim from April 12, 2012, including transfer of money from the victim to the agricultural bank account (Account Number: I) in the name of the Defendant’s name until April 12, 2012. On February 2, 201, the Defendant received 200 million won from the victim’s apartment fund and transfer money from the Defendant’s apartment fund (hereinafter “Defendant’s loan”).

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