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(영문) 창원지방법원 밀양지원 2017.09.14 2017고단87

사기

Text

A defendant shall be punished by imprisonment for two years.

Reasons

Punishment of the crime

The Defendant, at the D multilateral bank located in Sinnam-gun on June 21, 2016, confirmed the specific location and circulation of the land to the victim E, and the Defendant would benefit from the resale of the land with good prospects.

The principal and interest shall be paid immediately on July 23, 2016, by covering KRW 125 million as down payment to F2,947, as down payment to the land of KRW 100,500,000.

“A false statement” was made.

However, in fact, the defendant received money from the injured party, as he thought that he will use the money for the purchase cost of iron fry and other land purchase cost to make a personal mistake, so he did not have any intention or ability to pay the money borrowed from the injured party as the down payment in F-land in advance.

As above, the Defendant, including deceiving the victim and receiving KRW 125 million from the victim for the same day as the investment money for land trade on the same day. From that time, the Defendant was issued KRW 278 million in total five times until July 25, 2016 by the same method as the list of crimes in the attached list of crimes.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Statement of the E police statement;

1. A certificate of borrowing or banking transaction;

1. Each real estate transaction contract (No. 9, 10, 12 No. 12);

1. A steel market contract, two-wave field contract, receipts, medical expenses invoice receipt, loan certificate, and a detailed statement of deposit transaction;

1. Application of the Act and subordinate statutes to the investigation report (No. 24 No. 5 of the evidence list);

1. There is no person [a person subject to special sentencing] [a person subject to sentencing] in the basic area (one to four years] of the type (one hundred million won or more, or less, and less than five hundred million won) of the type (one year or more) of the type (one year or more), Article 347(1) of the Criminal Act in relation to the relevant criminal facts, and Article 347(1) of the Criminal Act of the choice of the punishment, and the reason for sentencing of imprisonment [the scope of recommendation]. [a person subject to special sentencing] [a person subject to a sentence] [a person subject to a sentence] in total amount of KRW 278 million,00,000,000 to the victim