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(영문) 수원지방법원 2016.10.14 2016고단1591

사기

Text

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

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

Reasons

Punishment of the crime

On May 17, 2012, the Defendant was sentenced to a suspended sentence of 6 months by imprisonment with prison labor for a violation of the Road Traffic Act at the Suwon District Court on May 17, 2012, and the judgment became final and conclusive on September 27, 2012.

On February 1, 2010, the Defendant, at the office of “F” operated by the victim E in Sungsung-si around February 1, 2010, concluded a contract for construction with the victim to transfer ownership of 200 square meters out of 18,645 square meters of HH forests and fields (hereinafter “the instant forest”) in lieu of the payment of construction cost to the victim, and entered into a real estate sales contract with the content that the amount of 200 square meters out of the instant forest out of the instant forest is to be sold to the victim for KRW 100,000,000, and that the amount is to be paid in full.

However, the fact is that the forest of this case is owned by I, and the defendant purchased the forest of this case with I and the forest of this case in KRW 1.57 billion, and the contract was concluded with I to acquire the loan obligation of KRW 350 million in lieu of payment for the forest of this case. However, although the defendant knew that he should pay the principal and interest due to the delayed payment of the above loan obligation, he did not have any intent or ability to complete the registration of transfer of ownership with respect to KRW 200,000,000,000 among the forest of this case, and therefore, he did not have any intent or ability to complete the registration of transfer of ownership with respect to the forest of this case.

As such, the Defendant, by deceiving the victim as such, had the victim take advantage of the economic benefits equivalent to KRW 100,00,000 from February 2, 2010 to March 2, 2010, by having the victim construct two buildings equivalent to KRW 100,00,00 of the construction cost and install reinforced soil retaining walls.

Summary of Evidence

1. Partial statement of the defendant;

1. The defendant;

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