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(영문) 수원지방법원 2014.01.27 2013고단2728
사기
Text

A defendant shall be punished by imprisonment for one year.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On November 2009, the Defendant issued a false statement to the victim G who sold the right to purchase the housing site for migrants and the housing site for living measures in Young-si E Housing Site Development Zones in Suwon-si, Suwon-si, Suwon-si, on April 19, 2004, to F with the introduction of the Defendant, at KRW 165 million, the Defendant sold the right to purchase the housing site of the purchaser in the city. The Defendant sold the right to sell the housing site of the purchaser in the city to another person. The issue is that he sells the housing site of the purchaser in the city to F. The issue is examined and dealt with, and all legal responsibilities arising between F and F are to be borne.

However, in fact, the defendant did not have the fact that he managed the F's right of sale or received delegation from the F related to the re-sale, as well as the situation where the defendant should pay compensation for the resale of H at the time, so even if he sold the above right of sale to another person and received the sale price, he did not have the intention or ability to return the F's KRW 165 million to the other person.

On November 28, 2009, the Defendant had the victim enter into the said sales right sales contract with K at the J Licensed Real Estate Agent Office located in Young-gu, Young-gu, Young-gu. On the same day, K paid KRW 20 million as the down payment, KRW 30 million as the intermediate payment on November 30, 2009, and KRW 150 million as the remainder payment on December 3, 2009.

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

Summary of Evidence

1. Defendant's legal statement;

1. The prosecutor's statement to K;

1. Application of Acts and subordinate statutes to the police statement concerning G;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

1. It is so decided as per Disposition for the reason of Article 62(1) of the Criminal Act or more (including the reflection of the accused, the fact that the injured party does not want the punishment of the accused, etc.);

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