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(영문) 광주지방법원 순천지원 2018.07.20 2017고단1552

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 8, 2016, the Defendant was sentenced to a suspended sentence of two years in August 201, due to a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Dangerous and Death or Injury caused before the death) in the Sungnam support by the Sunam branch of the Suwon branch, and the judgment became final and conclusive on the

1. On June 2016, the Defendant by fraud, such as land purchase and sale down payment, by phone call to the franchison (hereinafter referred to as the “Franchison”). The Defendant sent the victim B a good price of C735 square meters (735 million won) in Gwangju-si, Gyeonggi-do.

If 50 million won is paid first to B with down payment and road expansion expenses, etc., the false statement was made that it would be purchased at a fair price negotiation with the seller, and if the contract is not concluded, it would be immediately returned.

However, due to the fact that the Defendant was unaware of land owner, even if he received money from the injured party under the pretext of contract deposit, etc., he did not have the intention or ability to reduce the purchase price or to conclude the sales contract by negotiating with the owner.

On June 13, 2016, the Defendant, by deceiving the victim, received cash amount of KRW 50 million from the damaged person, as a down payment, etc., from Dosan-si, Sinsan-si, Sinsan-si, and acquired it by fraud.

2. On June 28, 2016, the Defendant shall be the victim B with the “motor vehicle broken down at a fluoral site not exceeding Gwangju Metropolitan City on June 28, 2016

The purchase cost of the vehicle shall be 17 million won and shall be repaid until December 2016.

On the other hand, the vehicle was "to purchase the vehicle in the name of four."

However, the defendant did not have the intention to purchase the vehicle under the victim's name, and there was no special property in bad credit standing, and even if he borrowed the vehicle due to the lack of fixed income, he did not have the intention or ability to pay it.

On June 28, 2016, the Defendant, by deceiving the victim, received money from the victim, 17 million won from the F bank account (G) in the name of E, a middle and high-end trader, from the victim.

Summary of Evidence

1. The defendant's partial statement in court;