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(영문) 수원지방법원 안산지원 2015.01.06 2014고단1417

사기

Text

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

except that 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

The Defendant, as a director of E Co., Ltd. established on May 21, 2007 for the purpose of real estate development business, was promoting redevelopment business related to land located in the Nam-gu Incheon Metropolitan City F, etc., and the operating expenses, etc. of the said E Co., Ltd. were flicked, the Defendant was willing to acquire money from victims G who were aware

On July 12, 2007, the Defendant stated that “The Defendant would purchase a single building in the redevelopment area. At present, Incheon J and K were selected as a redevelopment area. When the Defendant purchased land and buildings located in the Nam-gu Incheon Metropolitan City, which were located in the area, within three months and six months, the Defendant may acquire a new apartment by redevelopment, and may obtain a considerable benefit by increasing the price of the land and building.”

However, the Defendant did not have any intention or ability to transfer ownership of the above land and building to the victim because it was not delegated to sell and purchase the above land and building by L, the owner of the above land and building, and at the time, there was no possibility that redevelopment project will be conducted within the agreed period with consent from some owners of the above land.

Nevertheless, the Defendant, as above, by deceiving the victim and remitting the victim to the Agricultural Cooperative account in the name of his/her father M in the name of his/her father on the same day as the down payment, and transferred 50 million won as the intermediate payment on the 18th of the same month, and acquired 63 million won in total as the intermediary fee around the 25th of the same month.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness N,O, L, and P;

1. An interrogation protocol of the accused by the prosecution (including the substitute part);

1. Statement of the police concerning L;

1. Application of the Acts and subordinate statutes to the transaction receipt, the real estate sales contract, and the details of passbook transactions.