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(영문) 수원지방법원 여주지원 2014.02.14 2013고단895
사기
Text

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

Reasons

Punishment of the crime

On February 23, 2012, the Defendant was sentenced to imprisonment with prison labor for a crime of fraud and a crime of violating the Public Waters Management Act at the Suwon District Court on December 17, 2012, and the said judgment became final and conclusive on December 17, 2012.

1. On December 1, 2010, the Defendant concluded that “The Defendant would sell the victim C with the right to use farmland of 50,000 won for the reclaimed land in the E-area D located in the Gyeonggi-do E area in the Gyeonggi-do E area,” at a mutually influent restaurant located in the Seosung-si of the Gyeonggi-do Round.

However, since the right to use farmland for 20,000 square meters out of the above reclaimed land sold by the Defendant to the victim was sold to F around April 2009, the Defendant did not have the intention or ability to use the farmland normally by selling it to the victim.

Ultimately, the Defendant, as seen above, was accused of the victim and received 65 million won from the victim.

2. Around March 8, 2012, the Defendant made a false statement to the victim G and H that “The right to use farmland for the 60,000 square meters for the reclaimed land in the E zone located in the Gyeonggi-do E zone in the Gyeonggi-do E zone in the e zone in the Gyeonggi-do.”

However, it is true that I, at the time of the above reclamation area, purchased 35 million won from J around September 2009 by the defendant who was the living woman of the defendant at the time, and there was no intention or ability to sell it to the victims to use the above farmland normally.

After all, the Defendant, as seen above, was urged the victims and received a total of KRW 30 million from the victims.

Summary of Evidence

1. Each legal statement of a witness I, K, F, G, and H;

1. Each protocol of examination of the accused by the prosecution (including each substitute part);

1. Written confirmation of J;

1. Land purchase and sale, a written confirmation, a payment note, a real estate sales contract, a deposit transaction contract, a written contract, a detailed statement, and a power of delegation for land reclamation;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports;

1. Article 347 (1) of the Criminal Act and Article 347 of the same Act concerning the applicable criminal facts;

1. Trade name;

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