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(영문) 수원지방법원 여주지원 2017.08.23 2017고단251
사기
Text

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

Reasons

Punishment of the crime

[criminal records] On October 19, 201, the Defendant was sentenced to eight months of imprisonment with prison labor for embezzlement at the credit support of Suwon Friwon, and on March 5, 201, the said judgment became final and conclusive on March 5, 2013. On November 23, 2016, the Defendant was sentenced to one year of imprisonment with prison labor for fraud, etc. from the Suwon Friwon Friwon, and the said judgment became final and conclusive on February 9, 2017.

[2] The Defendant, through D around September 2012, 2012, designated the victim E as a development restriction zone G forest G 39,273 square meters (hereinafter “instant land”) in a development restriction zone under F name. However, the Defendant may develop the instant land by preventing the payment of part of the said forest by donation at the time of permitting the use of it.

Since the last day may be a large profit day, if the purchase of the instant land and the payment of the price is made by March 10, 2013, the development restriction zone shall be cancelled from March 10, 2013, and the registration of the transfer of ownership of the instant land shall be completed by rescinding all the prior collateral security and provisional seizure established on the instant land, and it shall be 500 square meters out of the instant land, which shall be purchased at KRW 60 million, and a contract may be developed from the certified judicial scrivener office located in Leecheon-si around September 24, 2012, to the same purport as the victim, and "if the promise is not observed, it shall be returned to KRW 80 million."

However, in fact, even if the Defendant purchased the instant land from F, but did not pay the purchase price, and did not have any other self-sufficiency to receive the payment of the purchase price of the instant land from the injured party, it was thought that a considerable number of the Defendant would use the instant land as operating funds, living expenses, etc. of H (State) that he operated by the Defendant. Thus, until March 10, 2013, the Defendant had no intention or ability to complete the registration of the transfer of ownership of the instant land by rescinding both the prior collateral security and provisional seizure on the instant land, and did not have any intention or ability to return 80 million won

The defendant deceivings the victim and is under his control.

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