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(영문) 광주지방법원 목포지원 2013.10.24 2013고단1289
사기
Text

The punishment of the accused shall be determined by a year of imprisonment.

However, the above sentence shall be executed for two years from the date of the final judgment.

Reasons

Punishment of the crime

On June 5, 2008, the Defendant was sentenced to ten months of imprisonment for fraud at the Gwangju District Court, and the judgment became final and conclusive on January 30, 2009, and on October 21, 2011, the judgment became final and conclusive on July 26, 2012.

Criminal facts

1. Around February 9, 2007, the Defendant: (a) around December 27, 2006, at a cafeteria 103-dong, G apartment 103-dong, the Defendant: (b) on December 27, 2006, the victim E through D, saying, “The Government is promoting special sale of three parcels, such as Jeonnam-si, G, where F is in the name of his relative; (c) the land subject to special sale may be purchased and sold; (d) the Defendant has been delegated with the authority to dispose of the said land by F; (d) the Defendant sent the money to F to obtain ownership of the said land.”

However, in fact, the Defendant did not have been delegated the F with the authority to dispose of the above land by the F, and was planned to use the down payment received from the victim as a special sale for other land in the same way, and was planned to use it as a cancellation fee for the purchaser who concluded the sales contract, and even if the purchase price was received from the victim, there was no intention or ability

Around February 9, 2007, the Defendant, by deceiving the victim as above, received 100,000,000 won from the national bank account in the name of the Defendant’s child H through the above D as contract deposit and acquired it by deceiving the victim.

2. Around July 18, 2007, the Defendant was undergoing a special sale of 75 parcels, such as I, etc., of the Republic of Korea, where F is in the name of relatives, to the victim E through D at the coffee shop in front of 103 Mapopo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si.

As the Republic of Korea is delegated to dispose of the above land by F, F shall be transferred to F.

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