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(영문) 의정부지방법원 2016.07.22 2015고단4484
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On December 17, 2012, the Defendant was sentenced to imprisonment with labor for a violation of the Act on the Control of Narcotics, Etc. in the Military Manpower Branch of the Jeonju District Court for a violation of the Act on the Control of Narcotics, etc., and the said judgment became final and conclusive on April 6, 2013.

On December 30, 2005, the Defendant purchased 26,831 square meters of land in Hongcheon-gun, Hongwon-gun, Hongcheon-gun (hereinafter “this case”) and thereafter sold this land to D and E on January 2006, and then set up provisional registration under the above D and E name.

Since then, D and E intended to transfer the title of this parcel of land, but they were transferred the ownership of this parcel of land under D and E in the name of the court around April 7, 2008 through civil litigation because the defendant did not cooperate.

The Defendant sold this case to D, etc., and sentenced D, etc. to sell this case without notifying the victim F of the fact that D, etc. demanded transfer of ownership.

On April 2008, the Defendant made a false statement to the victim F, “The land will be sold in KRW 4.5 billion,” at the office of a mutual infinite real estate located in the Gyeong-gun, Gyeonggi-do.

However, the Defendant had no intention or ability to sell land even after receiving the purchase price.

Accordingly, the Defendant, by deceiving the victim as such, received 5 million won as a check from the injured party as the down payment at the same place, and received 75,160,500 won as an intermediate payment around April 8, 2008.

Summary of Evidence

1. Each legal statement of witness F and E;

1. A protocol concerning the examination of suspect of some police officers against the accused (including theF statement);

1. Statement made by the police with regard to F;

1. A full certificate of registered matters, a real estate transaction contract, and a copy of a deposit statement of passbook;

1. Each investigation report (Attachment of a detailed statement of deposits and transactions of suspects, and D telephone call case);

1. Previous conviction: A written reply to inquiry, such as criminal history, investigation report (the defendant A's final and conclusive judgment confirmation report) (the defendant and his/her defense counsel asserts that there is no fact of deceiving the victim;

However, this Court is legitimate.

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