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(영문) 대구지방법원 경주지원 2015.10.29 2014고단586
사기
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On June 18, 2013, the Defendant, at the real estate office operated by the Defendant located in Sejong-si, on the following occasions, sentenced the victim F to sell three lots (hereinafter “instant land”) including G orchard 1,635 square meters, H orchard 114 square meters, I orchard 4 square meters, etc., in the real estate office operated by the Defendant, Young-si, the Defendant, in order to sell the victim F with the intent of selling the said three lots (hereinafter “instant land”), and the victim “it has a good ground for investment. There was an orchard, but it was a river site due to flood. While there was an orchard, the Defendant sent a notice to the prop to receive the compensation while accepting the land at the racing. The Defendant stated that the amount of KRW 50 million is KRW 100 million,000,000,000,000 won will come within this year.”

However, in fact, the above G orchard land, which is part of the instant land, falls under the land within the river area under the River Act, but the compensation plan was not determined at all because it does not fall under the subject of compensation, and there was no fact that the notice of receipt of compensation was sent.

At around 13:00 on June 18, 2013, the Defendant sold the instant land to the victim at the office of the Korean Certified Judicial scrivener in the jurisdiction of the Republic of Korea on the same day, and transferred KRW 50 million to the agricultural bank account in the name of his/her father as the down payment on the same day. On June 24, 2013, the Defendant received KRW 15 million in total as the intermediate payment, and acquired it by deception.

Summary of Evidence

1. Statement of witness F in the second protocol of the trial;

1. Entry of witnesses M in the third protocol of trial;

1. F's statement among the prosecutor's office and police interrogation protocol of the accused;

1. Each police statement of F and M;

1. Investigative reports (related to requests for business cooperation), investigation reports (referring to requests for business cooperation, replys for business cooperation, viewing, requests for business cooperation, replys to requests for business cooperation, provisions concerning land compensation, and notification of related data;

1. A full certificate of the matters to be registered, a full certificate of the matters to be registered, a land cadastre, a land utilization confirmation personnel, and a certified copy of cadastral map;

1. A copy of a bankbook and a letter of passbook;

1. Application of the Acts and subordinate statutes of photographs.

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