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(영문) 수원지방법원 안양지원 2016.12.27 2016고단793

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 becomes final and conclusive.

Reasons

Punishment of the crime

[criminal power] On October 27, 2011, the Defendant was sentenced to 8 months of imprisonment for fraud, etc. at the Seoul Central District Court and 2 years of probation, and the judgment became final and conclusive on December 27, 201, and on December 13, 2012, the Defendant was sentenced to one year and six months of imprisonment for fraud at the Chuncheon District Court on December 13, 2012, and the judgment became final and conclusive on May 24, 2013.

【Criminal Facts】

The defendant is the actual operator of the (State)F in Gangnam-gu Seoul, and the victim C is the person in charge of cleaning of the above company.

On September 201, the Defendant, at the above company’s office, made a false statement that the Defendant would sell the land located in Chuncheon G land (hereinafter “instant G land”). If the Defendant invested KRW 30,000,000,000 to the public sale of the said G land, he would sell the said land, and then sell the land to the Defendant’s office with a larger amount of money.

However, the Defendant did not have the right to sell the G land in this case, and the Defendant did not have the right to sell the land in this case, and even if he received the investment payment from the victim, the Defendant did not have the intent or ability to buy the land in the Gangwon-gu Seoul Special Metropolitan City.

The Defendant, by deceiving the victim as above, received KRW 30 million from the victim’s bank account (Account Number: I) in the H on November 4, 2011.

Summary of Evidence

1. Partial statement of the defendant;

1. Some statements made by the police interrogation protocol regarding the accused and C;

1. A copy of a land sales contract, a copy of passbook transactions, and a certified copy of register;

1. Investigation reports (Attachment to the same type of judgment, etc.); and

1. Previous convictions in the judgment: Criminal history records, the investigation report (Attachment to the judgment, etc. attached to the same kind of power), and the defendant prepared a written contract on the G land in this case as evidence that the victim received KRW 30 million from the victim, and the original victim purchased the land located in the Gangwon-gu class in Gangwon-do.