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(영문) 수원지방법원 여주지원 2019.01.29 2017고단1264
사기
Text

A defendant shall be punished by imprisonment for nine months.

Reasons

Punishment of the crime

Around August 25, 2010, the Defendant, at the office of “C,” the Defendant’s operation of the Defendant, located in Gyeonggi-gu, Gyeonggi-gu, Gyeonggi-do, newly constructed a canal box (Fdong) to the victim D, which is expected to be completed on or around September 2010, and the right to move into is possible. This canal box is a multi-household house that can be registered individually by each household, and the balance will be loaned by a financial institution.”

However, on November 2009, the Defendant applied for the change of the construction permit to a multi-household house that can not be registered individually from the multi-household house that can be registered individually, and applied for the change of the construction permit. On the other canal site, around December 2009, it is difficult to change the construction permit to a multi-household house again because the superficies under the name of the G Union was already established, and thus, the Defendant did not have the ability to make individual registration even if selling the above canal box to the victim.

Around August 25, 2010, the Defendant received KRW 140 million from the victim through the I bank account in the name of C, a stock company, as the down payment under the said canal well-being H. On or around August 25, 2010. On or around November 9, 2010, the Defendant received KRW 25 million from the J bank account in the name of the Defendant.

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

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness D or K;

1. Each prosecutor's office and police suspect interrogation protocol against the accused (number 1, 13, 45, 85);

1. Examination protocol of public prosecutor's suspect with K (number 95, 97, 119, 120);

1. Statement of claim (number 2);

1. A written statement of D (No. 6)

1. The details of civil petitions and replies to the permission of Pyeongtaek-gun (No. 7)

1. Notification, etc. of the disposition of construction permission (number 8, 10, 17, 33);

1. The certificate of permission for mountainous district conversion (number 9);

1. Notification of processing approval for use of a building (number 11);

1. Investigation report (the statement of a public official of the Eunpyeong-gu Office) (No. 12);

1. Reporting on conversion of a mountainous district;

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