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(영문) 제주지방법원 2013.07.03 2012고단1508

사기

Text

A defendant shall be punished by imprisonment for six months.

except that 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

Around December 20, 2005, the Defendant presented at the coffee shop in the D hotel flock in Jeju Island, and received KRW 30 million from the victim E, a sales contract of the instant land, the registration certificate of the right to the instant land, and the power of delegation of the said F, etc., for the purpose of borrowing KRW 30 million from the victim E, where the F (hereinafter referred to as the “instant land”) was stored in the box of KRW 190,000,000,000,000,000,000 won is more than 35,000,000,000,000,000 won.

However, in fact, in order to have the victim believe that the above F entered into the land sales contract with F, the Defendant had no intent or ability to pay the money even if not only received money from the victim but also borrowed money from the victim with a bad credit standing amount of KRW 20,000,000.

Accordingly, the defendant acquired the victim's property by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. Application of Acts and subordinate statutes on the receipt of loan and cash custody certificate;

1. Article 347 (1) of the Criminal Act applicable to the crimes;

1. Judgment on the defendant's assertion under Article 62 (1) of the Criminal Act

1. The defendant's assertion was made by deceiving the victim by deceiving the victim at the time when the defendant's decision was held, but at this time the amount received from the victim is KRW 20 million.

2. Examining the above assertion, first of all, the evidence adopted and examined by the court was that the defendant purchased the instant land, and thus, the defendant lent the down payment necessary for the said contract to the victim. The down payment is KRW 20,000,000 in the sales contract of the instant land.