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(영문) 광주지방법원 2016.05.11 2016고단636
사기
Text

The punishment of the accused shall be determined by six months of imprisonment.

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

Reasons

Punishment of the crime

On October 21, 2009, the Defendant was sentenced to two years of imprisonment for fraud at the Gwangju District Court, and the judgment became final and conclusive on January 14, 2010.

On January 2008, the defendant around Gwangju-gu Office Co., Ltd. in the defendant's operation of the defendant in the Seo-gu building in Gwangju-gu, Gwangju-si, "There is woodland E in Leecheon-si, Co., Ltd., Ltd., and there is a value twice the land.

If 42 million won is a week, 200 square meters out of the above forest will be immediately divided and registered.

“.....”

However, on August 21, 2007, the Defendant: (a) concluded a sales contract with a down payment of KRW 16,00 square meters for E forest land E, KRW 56 million, intermediate payment of KRW 100 million, and KRW 320,000,000,000; (b) at the time, the Defendant did not have any particular property or income; and (c) the Defendant’s funds were only KRW 20,000,000,000,000,000,000,000,000; (c) however, the Defendant was not obligated to borrow the said forest funds entirely from others; (d) the Defendant, as an bad credit holder, was not able to obtain ownership of the said forest land by paying the purchase price for the said forest land, including bank loans, and accordingly, the Defendant

Around January 31, 2008, the Defendant, by deceiving the victim, received cash of KRW 35 million from the injured party, and acquired money of KRW 42 million in total from the Gwangju bank account in the name of the Co., Ltd. around February 11, 2008, by remitting KRW 7 million to the Gwangju bank account in the name of the Co., Ltd.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement made by the police against D;

1. Account transactions;

1. Application of statutes to certified copies of real estate registers;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 62(1) of the Criminal Code of the Suspension of Execution (the case of fraud (the case of this case) is the sale and purchase of the above forest land in installments.

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