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(영문) 수원지방법원 2020.05.26 2019고단6325

사기

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Defendants shall be punished by imprisonment for six months.

However, each of the above defendants is against the defendants for two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Criminal Justice] On August 8, 2014, Defendant A was sentenced to a suspended sentence of four months by imprisonment for fraud at the Suwon District Court, and the said judgment became final and conclusive on August 19, 2014.

Defendant

B On November 16, 2011, the Suwon District Court sentenced two years of suspension of the execution to eight months of imprisonment for fraud, which became final and conclusive on March 3, 2012.

【Criminal Facts】

On August 2010, the Defendants conspired to borrow money again by taking advantage of the fact that Defendant A had each obligation of KRW 400 million to the victim C as the borrowed money, and Defendant B had each obligation of KRW 50 million to the victim as the compensation for damages.

On September 1, 2010, the Defendants stated, “A is difficult to pay in cash the amount borrowed so far. At present, the Defendants would transfer ownership of 200 square meters out of the land of the development project at the time of the development project in lieu of payment in kind to the victims. It is equivalent to approximately KRW 360,000,000: Provided, That there is the cost of authorization and permission necessary for the development project, and 30,000,000 won will be repaid to us by December 10, 2010.”

However, the Defendants did not have the intention or ability to purchase the above land from the land owner E to normally carry out the development project, and they did not have the intention or ability to transfer the above land to the complainant or to repay the above 30 million won borrowed as the authorization cost.

Nevertheless, on September 7, 2010, the Defendants received 30 million won as the borrowed money from the French land as the borrowed money and acquired it by fraud.

As a result, the Defendants conspired to deception the victim by deceiving the victim.

Summary of Evidence

1. Defendants’ partial statement

1. A contract for land transaction with the police statement of C: The receipt of KRW 30 million;

1. Investigation reports (to make telephone conversations for reference).