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(영문) 수원지방법원 2016.07.21 2016고단767
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

On April 28, 2010, the Defendant conspiredd with D, and made a false statement to the effect that, at the office of the Defendant in Youngwon-gu Etel 403, the Defendant would have the right to sell the victim F with “Ssung G G 801 and 802,” and the Defendant would have paid the victim the money to purchase the said commercial building, and the Defendant would have given the said commercial building at least the money to purchase the said commercial building, and would have paid the remainder of the down payment and the remainder after receiving a loan from the building.”

However, in fact, D was not the owner of the above commercial building, and there was no fact that the owner of the above commercial building was delegated to sell the above commercial building from the (ju) veel global, and there was no fact that the purchase price was paid for purchasing the above commercial building in the (ju) veel global. Thus, even if the defendant entered into a sales contract with the victim with the victim, he did not have the intent or ability to transfer the above commercial building ownership to the victim, and the defendant was aware of all the above circumstances.

Nevertheless, the Defendant conspired with D, thereby deceiving the victim as above, entered into a sales contract for the said commercial building between the victim and the victim. Accordingly, the Defendant received a total of KRW 20 million from the victim, including: (a) KRW 10 million on May 15, 2010, KRW 3 million on the same day as the down payment; (b) KRW 2 million on the 24th day of the same month; (c) KRW 3 million on the 28th day of the same month; and (d) KRW 3.2 million on the 4th day of June 2010; and (b) KRW 3.2 million on the 4th day of the same month.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the prosecution with regard to D;

1. A protocol concerning the examination of suspect of H with respect to the police;

1. Statement made by the police with regard to F;

1. Application of Acts and subordinate statutes to a copy of a trade contract, details of account transactions, certified copy of register, details of account transactions, investigation report (case of reference I telephone conversations) and investigation report (to listen to statements by complainants);

1. Article 347 of the Criminal Act applicable to the crime, Articles 347 (1) and 30 of the Criminal Act, and the choice of imprisonment with prison labor;

1. Suspension of execution;

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