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(영문) 의정부지방법원 고양지원 2014.08.29 2013고단1848

사기

Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

At around 11:00 on December 16, 2008, the Defendant purchased the land from the D Office of Songpa-gu Seoul building 601 to the victim E, who is the Defendant, “The purchase of the F forest land in Gyeonggi-gun, to the 2.80,000 won per ordinary day, and there is a broad-scale road in the vicinity, and a large-scale park will be constructed, and an access road adjacent to the land will be newly constructed. As such, the purchase of the land will lead to a large amount of the land value at a short time. The Defendant would be responsible for the inside and remaining for the benefit of selling it again within 2 years, and make a false statement.”

However, in fact, the land that the defendant used to purchase to the victim was only 3,070 won per square meter of the officially assessed individual land price at the time, but also was designated as a natural environment conservation area, and there was little possibility of increasing the land price per minute as land where development activities, such as road opening and park construction, were prohibited.

After all, the Defendant, as above, by deceiving the victim as above, received a total of 146,770,000 won from the victim as the price of land, etc. around December 16, 2008.

Summary of Evidence

1. Legal statement of E;

1. Each legal statement of G and H in part;

1. Each protocol of suspect interrogation of the accused by the prosecution (including E and G confrontationation);

1. Protocol concerning the examination of suspect concerning I by the prosecution;

1. A supplementary statement of the complainant;

1. A land sales contract;

1. Each cashier's check;

1. Recording notes (No. 11, 12 No. 12);

1. Individual land price and forest land register;

1. A certified copy of each register;

1. Application of Acts and subordinate statutes to receipts (a receipt for a contract deposit of 12 million won);

1. The crime of this case may be brought under the complaint of the defendant pursuant to Articles 354 and 328 (2) of the Criminal Act, since the punishment of imprisonment with prison labor under Article 347 (1) of the Criminal Act for the crime of this case, and the defendant's friendship is between the defendant and the defendant. The complaint shall be lawful, and the records shall be examined.