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(영문) 수원지방법원 여주지원 2017.04.26 2016고단890
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

[Criminal Records] On March 23, 2016, the Defendant was sentenced to a suspended sentence of two years in August of the same month to imprisonment with prison labor for a special injury in the Jeju District Court's original branch, and the judgment became final and conclusive on the 31st of the same month.

[Criminal facts] On October 201, 201, the Defendant purchased real estate in Yangyang-gun E to the victim D at a mutually infinite cafeteria located in Yangyang-gun C and there is a lack of balance.

Among the above E real estate, the forest land of 300 square meters (92 square meters) including the 1220 square meters of road shares (122 square meters) outside F, etc. will be sold in KRW 120,000,000.

The registration of ownership transfer at the time of the purchase price will be made.

The phrase “ makes a false statement.”

However, on August 24, 2011, the Defendant concluded a sales contract with P, etc. for the remaining amount of KRW 650 million after borrowing KRW 650,000,000 on October 12, 201 and borrowing KRW 845,50,000 of the amount of the said forest by offering the said forest as a security to the cooperative of Ansan-dong, Dong-dong, Seoul Special Metropolitan City for the purpose of securing the balance of KRW 650,00,000,000,000 of the amount of the said forest. Therefore, even if the Defendant received the payment from the injured party of the real estate purchase price, the Defendant did not have any intent or ability to complete the registration of ownership transfer of the agreed real estate from the injured party.

The Defendant, by deceiving the victim as such, was remitted KRW 120 million to the Agricultural Cooperative Account in Q as the purchase price from the victim (as recognized by the evidence duly adopted and investigated by this court, the victim’s transfer of KRW 120 million to the Defendant’s wife account in a lump sum from the Defendant’s wife to the Defendant’s wife account is due to the fact that the victim purchased KRW 300,000 from the Defendant’s Defendant’s wife from the Gyeong-gun F and nine parcels. At the time, the circumstance that the Defendant could not normally transfer the ownership of the said land to the victim was well known, and the Defendant did not notify the victim of the fact that the Defendant was well aware of the fact that the Defendant could not normally transfer the ownership of the said land to the victim, and the Defendant concluded

Even if so, such circumstances are not known.

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