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(영문) 광주지방법원 순천지원 2017.02.09 2015고단1305

사기

Text

A defendant shall be punished by imprisonment for six 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

On August 9, 2013, Defendant C borrowed KRW 37 million from the victim D and introduced the victim, and determined KRW 70 million as the debt amount, including KRW 30 million to the victim, and set the victim under the above C’s E apartment 102 Dong 801 as the creditor, the victim under the above C’s apartment 102 Dong 801.

Since then, the defendant and C had been urged to pay debts from the injured party, as such C has the authority to the site for electric source development in F real estate, sold the above site to the injured party and conspired to be exempted from the above obligation under the pretext of the price.

On October 25, 2013, the Defendant and C have the authority to sell and purchase two parcels of land to the victim at the F Real Estate Office located in G in Ma in Macheon-si on October 25, 2013 due to “the creation of the rural village of Ha in Macheon-si.”

The original reason is that the sale price is 650,000 won per square day, and the victim made a false statement that 550,000 won will be sold to the victim, and the victim entered into a sale contract with the victim for 641 square meters of the above electric village site with the purchase price of KRW 110,00,000,000.

However, in fact, the Defendants did not have any authority to sell the above site for the electric source.

The Defendant and C, as such, by deceiving the victim, received 38.7 million won from the victim under the name of the Defendant C for the same day as the purchase price, and was exempted from the said amount of the collateral security debt amount to KRW 70 million.

Accordingly, the defendant and C acquired property and property benefits equivalent to 18.7 billion won in total by deceiving the victim in collusion.

Summary of Evidence

1. Statement by the defendant in court;

1. Part of the co-defendant C’s legal statement

1. The legal statement of witness D and I;

1. A report on investigation (Attachment to a detailed statement of deposit transactions) and a detailed statement of deposit transactions;

1. Application of Acts and subordinate statutes, such as a real estate transaction contract and a depreciation;

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment;

1. Suspension of execution;