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(영문) 춘천지방법원영월지원 2020.10.06 2020고단113
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around January 201, the Defendant made a false statement to the effect that “A business is promoting the development and operation of the camping site by purchasing the Dogwon-gun D forest in his own name, and developing and operating the camping site,” by phoneing the Dogwon-gun Defendant’s Dogwon-gun to the victim B. Once investing, the Defendant made a false statement to the effect that the Defendant would purchase the entire Dog-gun forest in his own name and develop the said forest as a camping site and register the Dog-gun

However, at the time, the Defendant had a personal obligation of at least KRW 50 million in the bank, and was thought to pay the Defendant’s bank interest and installment payments for the automobile. The Defendant failed to meet the funds to purchase the said forest land and planned to pay the forest land by borrowing the said forest land as collateral, and even if it was unclear whether it was possible to develop the camping site, there was no intention or ability to develop the forest as a camping site and transfer the said forest land in installments to the victim, even if it was paid money from the victim.

Nevertheless, the Defendant, as above, by deceiving the victim and deceiving him from the victim to the E bank account under the name of the Defendant, acquired each transfer of KRW 10 million around February 28, 201, and KRW 30 million around March 16, 201, respectively.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning B;

1. Application of Acts and subordinate statutes to file an accusation and accompanying documents, each warrant of search and seizure verification and respective replies, investigation reports (a confirmation of whether development activities have been permitted against the President of the Pyeongtaek-gun Office), investigation reports (credit inquiry into suspects), and accompanying documents;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Article 62 (1) of the Criminal Act;

1. Reasons for sentencing under Articles 32 (1) 3 and 25 (3) 3 of the Act on Special Cases concerning the Rejection of Action, etc. of Application for Compensation;

1. Legal provisions;

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