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(영문) 대구지방법원 경주지원 2017.08.31 2016고정250
사기
Text

Defendant shall be punished by a fine of KRW 700,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On October 29, 2015, the Defendant owned approximately 4,000 square meters of land to the victim D (76 Sejong-gu) in Suwon-gu, Daegu-gu, 2015.

It is necessary to pay interest to divide and distribute the land so that money is to be paid.

Any person who lends money to another person shall be entitled to the land.

It is intended to transfer the land by dividing the land into money.

It is intended to transfer the land to the same purpose and to transfer the land to the same purpose by dividing the land to which the victim would pay the money, and to the same effect, the land located in Young-gun E from the face of the money.

“The purpose was to make a false statement.”

However, the above land was owned by G, which is not owned by the defendant but registered as the representative director, and the registration of provisional disposition was established by Ulsan District Court as of May 4, 2015 due to the debts, etc. borne by the above corporation. The defendant paid the amount of KRW 5 million per month to the wind that bears excessive debts during the purchase process of the above land, and thus, it could not be appropriated for the necessary cost for land division. Thus, even if the money was paid from the damaged person, there was no intention or ability to transfer the land by dividing it.

On October 30, 2015, the Defendant received 4.5 million won from the Defendant’s Saemaul Treasury Account (H).

Accordingly, the defendant, by deceiving the victim, received the property from the victim and acquired the property.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. A protocol concerning the interrogation of each police suspect against the accused;

1. Statement made by the police against D;

1. Application of Acts and subordinate statutes to file a complaint, receipt of deposits without passbook, details, such as the Saemaul Treasury account opened by a defendant, all of the registered matters, certificates of all the relevant documents, each of the relevant documents, and each investigation report (relevant witness I telephone conversations and reference witness J telephone conversations);

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Articles 70(1) and 69(2)1 of the Criminal Act to attract a workhouse.

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