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(영문) 수원지방법원 성남지원 2014.06.27 2012고단1960
사기
Text

A defendant shall be punished by imprisonment for two years.

An application filed by an applicant for compensation shall be dismissed.

Reasons

Punishment of the crime

On January 12, 2012, the Defendant was sentenced to two years of imprisonment with prison labor for a crime of fraud at the Daegu District Court on January 12, 2012 and the said judgment became final and conclusive on January 20, 2012.

On August 17, 2009, the Defendant concluded a sales contract to purchase K and 6 parcels of land outside K in 300 million won when the victim E purchased the above parcels of land from H to 300 million won, with the intention of seeking real estate to pay down payment only and seek real estate to be established as collateral, which would not be able to obtain profits from the sale of the land A4 parcel of land on credit with H as collateral. In fact, the Defendant did not have any intent or ability to pay down payment for the purchase price to the victim, and had the victim acquire the above maximum debt amount by establishing an intermediate payment and remainder payment of 40 million won with the maximum debt amount of 300 million won for the purchase of land on August 17, 2009.

Summary of Evidence

1. Statement of the accused in the second protocol of trial;

1. Copy of the H examination record;

1. Each prosecutor's protocol of examination of the accused and M (including N in the first prosecutor's protocol against the accused);

1. Each police interrogation protocol of the defendant, H, and L (including the part of the defendant's oral statement in the protocol dated July 2, 2010, including the part of theO, L, H, and H in the protocol dated September 5, 2010)

1. Each police statement of H and N;

1. A written consent to offer security, details of account transactions, certified copy of the real estate register, and a certificate of certification; and

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