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(영문) 제주지방법원 2018.02.20 2017고단1719
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

On April 28, 2017, the Defendant was sentenced to a suspended sentence of two years for a violation of the Commercial Act by the Jeju District Court, etc., and the said judgment was finalized on January 18, 2018.

The Defendant is the representative director of “D Agricultural Partnership” on the second and second floor in Jeju City.

The defendant around May 28, 2014, at the office of F inf's office located in Gangnam-gu Seoul E-gu, and at the victim G, "H real estate at Jeju is permitted as a factory site different from the surrounding land.

공항과도 20분 거리 여서 입지 조건도 좋을 뿐만 아니라 현재 중국 자본이 밀려들어 오고 있어 토지 가격이 몇 배로 뛸 예정이다.

The original market price is 400,000 won per deliberation, and the public notice price is 2,50,000 won.

“Along on August 20, 2014, a false statement was made with the content that the right to request the transfer of ownership established on the said real estate will be cancelled both the registration of the establishment of the right to collateral security and the right to collateral security and be transferred to ownership by August 20, 2014, which is the date of the payment of the remainder, as the down payment and the intermediate payment KRW 25 million, the remaining amount of KRW 38 million.

However, in fact, the Defendant had been at the time at KRW 3 to 400 million, and the construction was suspended to establish a canal system for the said real estate, so even if he received money from the injured party, some of the Defendant was delivered to F, and the remainder was thought to be used to repay the personal debt and the existing construction cost, and as such, there was no intention or ability to transfer the land to the injured party on the payment date of the remainder.

The Defendant, by deceiving the victim as such, was transferred KRW 25,00,000 to a new bank account under the name of I as the same day down payment and intermediate payment from the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the suspect against the accused (including a cross-examination part of the G department);

1. Statement by the police concerning G (including the part against J);

1. A real estate sale and purchase contract (the first time);

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