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(영문) 인천지방법원 2013.08.27 2013고단691

사기

Text

A defendant shall be punished by imprisonment for not more than ten months.

Reasons

Punishment of the crime

On July 4, 2011, the Defendant purchased 160 million won from the D Agricultural Association Office located in the Nam-gu Incheon Metropolitan City C2 from the victim E to the victim E. The Defendant made a false statement to the effect that “The down payment of KRW 30 million is increased, and the intermediate payment of KRW 20 million from the intermediate payment of KRW 20 million from the sale of rice in the form of D Co., Ltd. after taking over the G Co., Ltd. as security, the intermediate payment of KRW 30 million from the second intermediate payment of KRW 30 million from the date of August 30, 2011, the Defendant paid KRW 80 million until September 30, 201, and then the remainder of KRW 80 million to the effect that the transfer of ownership is transferred in the name of D Co., Ltd.”

However, in fact, the Defendant had no intent or ability to pay the price even if he received the registration of ownership transfer from the victim, because he had a large amount of debt as credit bad at the time, and there is no fund being prepared, even though he did not need more KRW 7-800,000,000.

Nevertheless, on July 5, 201, the Defendant, by deceiving the victim, was transferred the registration of ownership transfer of the said land from the victim under the name of the Korea Agricultural Association Corporation.

Summary of Evidence

1. The defendant's statement in court; 1. The defendant's statement in police service;

1. Application of Acts and subordinate statutes to a real estate sales contract and a full certificate of registered matters;

1. The pertinent provision of the criminal facts, Article 347(1) of the Criminal Act regarding the choice of punishment, the reason for sentencing of imprisonment [the circumstances favorable to the defendant], the reason for sentencing of sentence [the circumstances favorable to the defendant] that the defendant led to confession and reflects of the crime, and that the victim paid 30 million won as down payment and the market price of the F in Seocho-si does not reach the purchase price (the circumstances disadvantageous to the defendant]