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(영문) 수원지방법원 안산지원 2018.10.02 2018고단2362

사기

Text

From among crimes No. 1 and crimes No. 2 in the judgment of the defendant, the defendant is sentenced to imprisonment with prison labor for 6 months for crimes No. 1, 2, 3, and 4 in the attached list of crimes.

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to a suspended sentence of 8 months of imprisonment for fraud at the Suwon Friwon on October 14, 2016, which became final and conclusive on October 22, 2016 and is currently under suspended sentence.

[Criminal facts]

1. On August 2, 2016, the Defendant: (a) stated that “The victim D, who became aware of through C, obtained land purchase in the G’s house located in Silung-si B; (b) was entitled to the F land owned by Gyeonggi-do and the Korea Forest Service; and (c) was entitled to the preferential purchase in possession of the said land; and (d) the partial transfer of the said land would be reduced to KRW 40 million in the event that the said land is disused.”

However, in fact, the above land E is not removed from the open breeding box installed without permission on the land in question, so it is uncertain whether the sale procedure is in progress, and the above F land was not in progress. Even if the above land is sold, there was little possibility that the contract can be concluded even if there was no cash during the time and there was no special property, and even if the defendant did not prepare the purchase price for the above land, he did not have the intent or ability to transfer the above land to the victim by receiving money from the injured party.

The defendant was given 30 million won as a check from the injured party, that is, the check, and 3 million won as a check on August 16, 2016, and the same year.

8. 3 million won, and the same year;

8. 31. 1.5 million won, and the same year;

9. On December 12, 198, 2.5 million won was transferred to H account (I) in G and acquired 40 million won in total under the name of the land price.

2. On October 12, 2016, the Defendant: (a) called, “Around October 12, 2016, at the Defendant’s residence located in the Kimpo-si J of Kimpo-si, the Defendant called, “A money needs to be repaid after one month from lending money.”

However, in fact, the defendant has no special property or certain income, and has not paid the interest on loans of financial institutions in excess of his/her obligation.