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(영문) 수원지방법원 여주지원 2020.07.28 2020고단764
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On May 25, 2016, the Defendant was sentenced to nine years of imprisonment for fraud, etc. at the Seoul High Court, which became final and conclusive on August 24, 2016. On August 11, 2016, the Seoul Central District Court sentenced four months of imprisonment for fraud, which became final and conclusive on August 25, 2016.

Around July 2011, the Defendant, at the office of the Dongjak-gu Seoul Metropolitan Government 4th floor “Seoul Metropolitan Government 201, drafted a sales contract and a land sales contract related to the development project of Hongcheon-gun, Hongcheon-gun, with the victim D having good land in Hongcheon-do, and the Defendant would have an opportunity to impose money if you have gated. In other words, the Defendant made a false statement to the effect that the Defendant would not have reached a contract because it did not remain for a long time.” As such, the Defendant prepared a sales contract and a land sales contract related to the development project of Hongcheon-gun E with the victim.

However, in fact, the Defendant was liable for the amount of KRW 100 million due to the real estate related business, and even if the right to collateral security was already established on the said real estate, it did not notify the victim properly, and was thought to use the money received from the victim for tax payment or personal purposes unrelated to the victim, so there was no intention or ability to transfer the ownership of the said land to the victim.

As above, the Defendant, by deceiving the victim as above, received KRW 76,00,000 from the victim on August 25, 201 through around the 26th day of the same month from the victim in cash, and acquired pecuniary benefits equivalent to the same amount by acquiring an amount of money equivalent to KRW 209,640,000 from the victim as indicated in the list of crimes.

Summary of Evidence

1. Examination of the accused's suspect's interrogation statement by prosecution;

1. Written statement about D's complaint, housing site development contract, and land sales contractD;

1. Investigation reports (a final judgment on the same kind of suspect's power attached), and application of Acts and subordinate statutes to investigation reports (specific examination of the amount of damage);

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. The latter part of Article 37 and Article 39(1) of the Criminal Act for the treatment of concurrent crimes;

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