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(영문) 수원지방법원 여주지원 2016.07.15 2015고단1242

사기

Text

A defendant shall be punished by imprisonment for a term of one year and four months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

1. On April 1, 2009, the Defendant, who acquired the cost of installing a bridge, said that “the victim would have opened a bridge around the gate by the completion date of the gate construction” at the G Authorized Agent Office located in F while constructing the victim E’s pention on the ground of Gyeonggi-gu D, Gyeonggi-do, the Defendant said that “the victim would be 10 million won as the cost of installing a bridge for installing a bridge to enable the victim to open the surrounding area of the gate by the completion date of the gate construction.”

However, in fact, the defendant did not have the intention or ability to install the above bridge because he thought that the defendant would use it for his personal purpose, such as repayment of the personal debt.

Accordingly, the Defendant, as seen above, by deceiving the victim, received a copy of the check from the victim, through H, a staff member of the above G A certified broker office, on April 2, 2009, as the price for installing a bridge.

2. Around October 2007, the Defendant acquired real estate by deception, sold land and buildings thereon, J and K, respectively (hereinafter “the instant real estate”) to the victim, but the form of the instant real estate was a criminal suit against the victim due to the following problems: (a) the shape of the relevant land was invaded by the boundary of land owned by another individual or the Korea Forest Service; and (b) the Defendant again purchased the instant real estate from the victim.

Therefore, the Defendant decided to purchase the instant real estate from the injured party in the M& Attorney-at-law office located in Gyeonggi-si L in around October 18, 2013 in the name of KRW 290 million, and the Defendant paid the victim KRW 100 million out of the purchase price until November 25, 2013, KRW 90 million out of the purchase price until November 30, 2013, and KRW 100 million from the purchase price until April 30, 2014, respectively.

“A false representation was made.”

However, the fact is that the defendant's financial right obligation of KRW 1142 billion, and the defendant's financial right obligation of KRW 320 million to an individual, such as the total debt of KRW 1462 million, are economically difficult, and the defendant's intent or ability to pay the purchase price as agreed.