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(영문) 의정부지방법원 2013.10.31 2013고단3031
사기
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A defendant shall be punished by imprisonment for not less than three months.

Reasons

Punishment of the crime

On June 27, 2013, the Defendant appealed eight months after having been sentenced to imprisonment for fraud in order to raise the District Court for the District Court, and the appeal is still pending.

1. A false statement was made to the effect that “A public land is owned by the Defendant, but is not owned by the Defendant, and even if the Defendant was paid the purchase price from the victim M because there was no economic ability to purchase the said land, the Defendant did not have the intent or ability to transfer the said land to the victim.” On January 2013, the Defendant displayed the above childbirth to the victim M in the above public land as of January 2013, stating that “A land is deemed land within the season, would be 25,000, and would be immediately developed.”

On January 22, 2013, the Defendant: (a) prepared a real estate sales contract with the content that the Defendant sells KRW 1,000,000, which is part of the above land to the victim at the “P real estate” office located in N in Sejong-si, Sejong-si on January 22, 2013; and (b) received KRW 5 million from the victim as the down payment; (c) subsequently, on February 4, 2013, the day immediately before the date of the payment of part payments, the Defendant requested the victim to request part payments in advance at Q restaurant near the above real estate office to transfer part payments to the Agricultural Cooperative account in the R’s name; and (d) acquired KRW 25 million in total.

2. On February 19, 2013, the Defendant acquired 4 million won from the victim M to the agricultural bank account in the name of the said R and acquired 4 million won by transfer from the victim, on the ground that: (a) on February 19, 2013, the Defendant did not have the intent or ability to purchase the franchising money; and (b) did not have the intent or ability to repay the said money; and (c) on February 19, 2013, the Defendant acquired franchising KRW 4 million from the victim M to the agricultural bank account in the said R.

Summary of Evidence

1. Defendant's legal statement;

1. T police suspect interrogation protocol;

1. The police statement of M;

1. A copy of a sales contract;

1. A copy of each bankbook;

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