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(영문) 수원지방법원 2015.09.17 2015고단2838

사기

Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On February 2, 2011, the Defendant came to know the victim D, who is an employee of a company run by C, which is a early police officer, and had the intent to acquire money under the name of the purchase price for the land.

Around March 2011, the Defendant showed the cadastral map of 4 forest land located in G at the F Office located in Ssung-si around 201, and falsely stated, “I would like to complete and sell the development of this land, which is owned by H, a corporation run in the Republic of Korea, after purchasing another land. I would like to make profits from the purchase of the other land. I would like to purchase the land at a price of KRW 30 million by adding up the money in the face of 30 million to the development work, and then offer the land equivalent to KRW 30 million at the market price.”

However, the Defendant knew that it is difficult for the Defendant to make a profit by purchasing and developing the land because the real estate price at the time is not good, so even if he received money from the victim as a price for the land, there was no intention or ability to develop the land. The Defendant did not notify the victim and did not think that he would invest in the fund that the Defendant was introduced in person.

The Defendant received KRW 1 million as land price from the victim around July 18, 201, and KRW 29 million as the same name around October 29, 201, from the Defendant’s agricultural bank account (number I).

Accordingly, the defendant deceivings the victim and defrauds the total of 30 million won.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Partial statement of each police interrogation protocol against the accused;

1. Statement C in the second police interrogation protocol against the accused;

1. A certified copy of cadastral map;

1. A list of transactions;

1. Business registration certificate;

1. A certificate of all registered matters;

1. Application of Acts and subordinate statutes to a report on investigation (Presentation of a receipt of the defendant);

1. Relevant Article of the Criminal Act and Article 347 (1) of the Criminal Act (Selection of Imprisonment) that the defendant receives money from the victim at the time of receiving money from the victim;