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Reasons
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(영문) 광주지방법원 목포지원 2020.01.10 2019고단842
사기
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A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

From June 20, 1998 to September 12, 2017, the Defendant was the owner of B 5,621 square meters prior to the previous Gun, Chungcheongnam-do. On May 2017, 2017, the lower court determined that the sum of the secured debt amounting to KRW 130 million was set at KRW 10,000,000,000 for C Association’s maximum debt amount and KRW 200,000,000,000.

On May 26, 2017, the Defendant concluded a sale contract with the victim G, a seller of pesticide sales that he/she is liable to compensate for an agrochemical credit amounting to KRW 49,440,000,000,000,000,000,000,000,000,0000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,000,00,000,00

However, since the Defendant did not have any particular cash assets at the time, even if he received KRW 30 million from the victim, the Defendant did not have any intent or ability to complete the procedure for the registration of ownership transfer with full repayment of KRW 130 million with C.C. and D’s collateral obligation with respect to the right to collateral security, after cancelling all of the collateral security established on the said land.

Nevertheless, the Defendant deceivings the victim as above and received 30 million won from the victim’s H Association account under the name of the Defendant at that time.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning G;

1. A complaint, a real estate sales contract, and a full certificate of registered matters;

1. A criminal investigation report (written confirmation of account details of a suspect);

1. Application of Acts and subordinate statutes to investigation reports (verification of details of debts of suspects, etc.);

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

1. Article 62(1) of the Criminal Act:

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