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(영문) 광주지방법원 해남지원 2017.05.18 2017고단110
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

In 208, the Defendant purchased the first-order passbook from around B in the name of 200,000 won and won, and won was awarded in the sale right of C Apartment 103 Dong 1004, 2009, Namyang-si around August 2009.

On November 2009, the Defendant sold the right of sale of C Apartment C Apartment 103 Dong 1004, 1004, which was won in the name of the Defendant, to the victim G through order D, E, and F.

If the sales right premium and the down payment are paid, the payment shall be made in the name of the intermediate payment, and the remaining payment shall be paid in full, and the name of the above apartment shall be transferred, and if the loan is not made, it shall be returned.

“Around that time, the Plaintiff received KRW 25,00,000 from the injured party for the purpose of expanding the balcony, and continued to receive KRW 22,940,000 as the down payment from the injured party in the apartment sales office in front of H around November 11, 2009, in addition, the Plaintiff received KRW 1,50,000 for the purpose of expanding the balcony, as the down payment from the damaged party.

However, since from around 2008, B could not get a loan from a financial institution because it was the credit recovery through the debt adjustment of the financial institution.

As above, the defendant deceivings the victim, and thereby deceivings the victim total of 49,440,00 won from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. A protocol concerning the suspect B of the police;

1. Statement of the police statement related to G;

1. An apartment supply contract, receipt, note (A), down payment receipt, Amera (request for cooperation), process certificate, promissory note, performance note, I letter to the Institute of Bankruptcy (the second letter to the highest place of default on down payment), certificate of all registered matters, and comprehensive credit report (B).

1. Application of Acts and subordinate statutes to investigation report (for victim G telephone conversations, hearing of reference witness E phone statement, hearing of complainants' telephone statement, hearing of suspect B telephone statement, and confirming the date of payment of expenses incurred on behalf of the complainants);

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

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