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Reasons
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(영문) 인천지방법원 2015.06.25 2014고단6189
사기
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A defendant shall be punished by imprisonment for not less than eight months.

Reasons

Punishment of the crime

On August 8, 2013, the Defendant agreed to re-purchase the E above amount of KRW 130 million, which was sold to the victim F in the automobile scrapping area in the Seo-gu Incheon, Seo-gu, Incheon.

around that time, the Defendant attempted to arrange the victim to purchase “Hn's accommodation” located outside of G of Jung-gu Incheon, Jung-gu, Incheon, and to eliminate the purchase price, thereby avoiding the debt of the purchase price of the above E and acquiring the difference.

On August 5, 2013, the Defendant, on behalf of the victim, concluded a sales contract with I and I on behalf of the victim for KRW 120 million, but said loan was false as if the victim purchased the above loan amount with KRW 194 million. On September 13, 2013, the Defendant had the victim pay KRW 64 million remaining after deducting KRW 130 million from KRW 194 million from the purchase price.

As a result, if the defendant is aware of the liability to pay the actual purchase price of KRW 130 million to the victim by deceiving the victim, and KRW 10 million, which is the difference between the actual purchase price of KRW 120 million and the actual purchase price of KRW 120 million to be paid by the victim, and at the same time, he/she shall bear the difference between KRW 130,000 and KRW 194,000,000,000, which is the difference between KRW 194,000,000 and KRW 64,00,000,000, in total, to the victim.

Ultimately, even though the Defendant purchased a female house of KRW 120 million, he acquired the difference of KRW 74 million as if he purchased KRW 194 million.

Summary of Evidence

1. Legal statement of witness F;

1. The statements of witnesses F and K in the third protocol of the trial;

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

1. Entry of the accused in part of the third police interrogation protocol against the accused;

1. Investigation report (Submission of criminal complaint F and deposit certificates without passbook related to loan);

1. A copy of a real estate sales contract, inquiry of loans, information on completion of registration, and notice on completion of registration, shall be made in error;

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