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(영문) 서울중앙지방법원 2017.08.07 2016고단8901
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 two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

[Criminal record] On October 2, 2014, the Defendant was sentenced to the suspended sentence of two years on March 21, 2015 for the violation of the Punishment of Tax Evaders Act at the Seoul Central District Court on October 2, 201, and the judgment became final and conclusive on March 21, 201

[2] On May 1, 2014, the Defendant: (a) on May 1, 2014, at a car page located on the first floor in the G, G in the G, which was inherited to the victim F, the Defendant had a level of 3,490 square meters; and (b) was to develop the forest by obtaining permission as the factory site.

It is expected that the cost of developing forest will be KRW 50,000,000,000,000 as the principal will be returned to Na by October 2014, and when permission is granted as factory site, it will be paid KRW 50,000,000,000 with bank loans.

“Falsely speaking,” and it received KRW 25 million from the injured party on June 2, 2014, and KRW 15 million on July 1, 2014, and KRW 40 million on a total, from July 1, 2014.

However, in fact, the defendant promoted the development as factory site;

G The land of H and I, etc. (hereinafter referred to as “instant land”) had already been subject to a decision to commence an auction on G’s shares in the Goyang Branch of the District Court on January 6, 2014, and the Defendant did not notify the victim of such fact, and the Defendant did not normally have the ability to develop the said land, such as having the victim suspend an auction on the remaining land in excess of the debt with no particular property or income at the time.

After all, the Defendant deceivings the victim as above, and was given KRW 40 million to the victim as a means of investment.

Summary of Evidence

1. Each legal statement of witness F and G;

1. Partial statement concerning the suspect interrogation protocol of each police officer against the accused;

1. Inquiries about past transaction details;

1. Inquiry into the results of the transfer to the Korean bank;

1. A copy of a contract for vicarious execution;

1. A certified copy of land registry;

1. Details of transactions with Saemaul Bank and details of transactions with Nonghyup Bank;

1. A report of investigation (a statement in the J currency of a witness);

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