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(영문) 대구지방법원 김천지원 2017.08.24 2016고단1775
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On October 2015, the Defendant, at the time of the end of Kimcheon-si, displayed to the victim D a real estate sale contract and a business plan for the land Kimcheon-si, the Defendant jointly developed the entire house in this land. The said site was purchased at KRW 80 million, and paid KRW 80 million as the down payment.

The remainder and the development of the remainder are fully prepared.

Bank loans also take place.

In the same way, the same kind of business is called ...", and the victim said that "as the victim entered 80 million won as down payment, 40 million won, which is half of the amount, is called as "........... the money entered with the drawings and other expenses related to the civil works."

However, in fact, the Defendant did not pay the remainder of KRW 720,000 after concluding a sales contract with the owner E with respect to the said site, and even if it decided to invalidate the contract until November 2, 2015, the sales contract was null and void as it did not pay any balance, and there was no intention or ability to normally conduct the electric source housing development business, such as there was no application for bank loans for raising business funds.

Nevertheless, the Defendant, as if the development project of electric power resource housing was normally carried out, by deceiving the victim as above, received KRW 5 million from the victim to the Agricultural Cooperative account (G) account in F on December 3, 2015, KRW 1.5 million from the above account in F on December 14, 2015, KRW 500,000 from the above account in F on the 14th of the same month, KRW 500,000,000 from the Agricultural Cooperative account in H on the 31st of the same month, and acquired KRW 5,00,000,000,000 from the above account in H on the 31st of the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. Each police statement made to D or E;

1. A reply to a request for cooperation with an investigation, such as a real estate transaction contract, business plan, etc. (a statement of transaction that he/she remitted money to a suspect), real estate contract, details of passbook transaction, agreement on consultation, or request for cooperation with an investigation;

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