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(영문) 창원지방법원 2016.02.17 2015고단1689
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On March 18, 2015, the Defendant was sentenced to five years of imprisonment with prison labor for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (indecent act by blood) at the Busan High Court, and the said judgment became final and conclusive on March 26, 2015.

The defendant was well aware that E does not sell the above forest land and river, which is the owner of the two lots of land Kimhae-si C (Y 1,296 square meters) and D (W 755 square meters of river).

1. On August 2009, the Defendant would allow the victim H to purchase the said C Forest land of KRW 782.8 square meters, which is part of the 1296 square meters, from the G Official Brokerage Office located in the F Apartment apartment store in the Junghae-si, Kimhae-si. The Defendant would allow the victim H to purchase the said land of KRW 30 million.

A false statement was made.

The Defendant: (a) by deceiving the victim as above; (b) obtained 15 million won from the victim under the pretext of down payment and intermediate payment at around that time; (c) 8 million won as part of the patrolmen on August 2009; and (d) obtained 7 million won as the remainder on August 27, 2009; and (c) acquired 30 million won as a total from the victim under the pretext of the remainder.

2. On September 2009, the Defendant would be allowed to purchase the remainder of the said C forest land (513.2 square meters) and D river 755 square meters (42 million won) at the office of the above G A certified broker around early September 2009, if any, more than KRW 42 million.

A false statement was made.

As above, the Defendant: (a) by deceiving the victim; and (b) by deceiving the victim on September 11, 2009, 30 million won to a new bank account in the name of I on September 11, 2009; and (c) by deceiving 12 million won to a national bank account in the name of J on December 18, 2009, the Defendant acquired 42 million won in total from each remittance.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement concerning the suspect interrogation protocol of the defendant by the prosecution;

1. Legal statement of the witness H;

1. Each real estate transaction contract, a copy of passbook, a certificate of details by member transaction account, a deposit account without passbook, a confirmation of electronic financial transfer results, a detailed statement of savings deposit transactions, and all certificates to be registered;

1. Previous Records: References to inquiries, investigation reports (a copy of the judgment attached thereto), and the application of the law.

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