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(영문) 대전지방법원 홍성지원 2017.11.28 2016고단673

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

According to the records from the beginning of October 2015 to the police officer on the 23th of the same month, the Defendant appears to be a clerical error in the indictment.

Until now, I would like to ensure that F, the representative of the victim E, a corporation, has been promised to sell the land from the owner of the land of 12,028 square meters other than G, Chungcheongnam-si, and agreed to sell the land from the owner of the land to be used as the access road to the land of the above land, so I would like to make the land to be used as the access road of 12,028 in a lump sum.

A false statement was made to the effect that H-owned I land also purchased at the same time as the above land was purchased.

However, in fact, the defendant did not have been promised by the J et al., the owner of the above 12,028 and one other, and the above J et al. was delegated with the sale and purchase of the land by one other on October 2015 and notified by K of the fact that "the land owned by J was sold to another person, no longer possible to sell the land through the defendant." Thus, the victim did not have any intention or ability to allow the victim to purchase the land owned by the above J et al. and one other as the access road in a lump sum.

The defendant deceivings the victim as above and is the same as the victim on October 23, 2015, respectively.

After concluding a sales contract for the said I land owned by the said H, 43 million won was granted from the injured party as the down payment for the land sale and purchase, and on the same day, the victim arranged the sales contract for the L-owned land and the O land owned by N to be used as the access road site, thereby allowing the victim to pay 30 million won to L as the down payment for the land sale and purchase, and 34 million won in total to N on November 6, 2015, and acquired 17 million won.

Summary of Evidence

1. The trial records are in the third trial records;