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Reasons
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(영문) 서울남부지방법원 2016.09.23 2015고단5201
사기
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A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

On January 10, 2015, at the office of the Defendant, the representative of the Defendant, Gangseo-gu Seoul Metropolitan Government D and 1412, the victim F, and G, “The Defendant newly constructed a house with 84 bonds in Jeju City H, and sells high-quality loan to Chinese people,” and the Defendant is granted a permanent residence right that Chinese people can reside in Korea when purchasing the land.

In this regard, this government made a false statement to the effect that this government will grant the right to sell the loan on its face to the owner of H land and pay the total amount of KRW 9 billion to the owner of the loan.

However, even if the defendant did not purchase money from the victims at the time, he purchased the site and newly constructed the loan, and had the victims sell the loan by proxy, and there was no intention or ability to pay the amount equivalent to the profit.

As such, the Defendant, by deceiving the victims, received KRW 90 million from the victims on January 11, 2015, around KRW 161,300 on January 16, 2015, USD 50,000 on January 16, 2015 ($ 60,000 on January 30, 205), and KRW 10,000 on January 30, 2015, KRW 10,000 on February 7, 2015, and KRW 10,000 on February 9, 2015, and KRW 10 million on February 9, 2015.

Accordingly, the defendant acquired a total amount of KRW 360 million from the victims, which is equivalent to KRW 360 million.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G and I;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Two-time suspect examination protocol against the accused (including confrontations and G statements);

1. A protocol concerning the examination of a suspect of the police officer regarding I;

1. Statement of the police statement related to G;

1. Fact-finding certificate (No. 25 of the evidence list) prepared by the defendant;

1. A report on the details of the I draft;

1. Written statement prepared by the defendant (No. 6 of the evidence list);

1. A complaint filed for G production;

1. A contract for sale by lots and a contract for sale by lots;

1. All certificates of registration (stock company E);

1. A real estate sale contract;

1. A stock company;

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