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(영문) 의정부지방법원 2014.08.19 2013고단3133

사기

Text

A defendant shall be punished by imprisonment for six 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

The Defendant, as the owner of a detached house of Gyeonggi-gu E. E., 595 square meters and the second floor thereof, was the owner of the access road and the site of the house of another person, and was aware of the fact that the access road and the site of the above land did not actually have utility value on the land. However, although the Defendant knew that the access road and the site of the above land did not actually have utility value on the said land, the Defendant was 180 square meters of the above land to the victim F and the access road was

On June 3, 2011, the Defendant: (a) by deceiving the victim that the Plaintiff’s site of Gyeonggi-gun E is 230 square meters; (b) concluded a sales contract with the victim, namely, at the victim’s seat; (c) concluded a sales contract with the victim; and (d) on the same day, the following day.

6.4.Written remittance of 7 million won as down payment, respectively.

Accordingly, the defendant was given a total of KRW 37 million by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness F and I;

1. Each of the legal statements of the witness J, K and H;

1. The prosecutor's protocol of interrogation of the defendant (consected part)

1. Anthrax;

1. According to the evidence duly adopted and examined by the court, the real estate sales contract, each letter, each content certificate, each content certificate, each application for registration of ownership transfer, each old map, etc., the boundary restoration survey result, and the entire certificate of land article article article, etc., the Defendant owned all surrounding land including the instant land, including access roads, and sold the land which was subdivided to Nonparty J, etc. by himself/herself, and the access roads were installed and packed. As such, the Defendant was well aware that the area of the instant land is not more than 230 square meters but not more than 180 square meters at the time of the conclusion of the instant sales contract, and the remainder, excluding 65 square meters among access roads,

Nevertheless, the defendant is 230 square meters and access roads to the land of this case.