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(영문) 광주지방법원 순천지원 2013.08.22 2013고단1015
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

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 December 20, 2010, the Defendant: “Around December 20, 2010, the Defendant jointly purchased the land of 3,707 square meters on seven lots, such as Goung-gun, Goung-gun, and promoted the business of an electric power resource complex at all times. The above land is at the current market price of KRW 80,000 per square meter, and the value is at least KRW 400,000 per square meter upon the implementation of the business. The owner of the land entered into a contract to trade the land at KRW 80,00 per square meter.”

However, in fact, the Defendant agreed to purchase the above land through D husband and wife D and broker E, and the purchase price for the above land is KRW 185 million, and among them, the amount to be borne by the victim is KRW 92.5 million.

As above, the Defendant, by deceiving the victim, received KRW 25 million from the instant victim on February 2, 201, from the instant victim, a cashier’s checks in the net viewing parking lot located in 53-1, Yancheon-dong, Seocheon-dong, 53-1 as down payment, and received KRW 123 million from the agricultural cooperatives located in Gwangju, Seo-gu, Seo-gu, Gwangju, to the Agricultural Cooperative (F) account in the said D’s name as the remainder of payment on March 2, 2011.

As a result, the Defendant defrauded about KRW 55 million from the victim's purchase price.

Summary of Evidence

1. Defendant's legal statement;

1. Each prosecutor's statement concerning E and B;

1. Application of Acts and subordinate statutes on a real estate sales contract;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (including the fact that there is no criminal history of the same kind of crime, and deposit of 30 million won for the victim);

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