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(영문) 대구지방법원 안동지원 2018.12.14 2018고단384
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

[Criminal record] On October 13, 2017, the Defendant was sentenced to a two-year suspended sentence of imprisonment for fraud at the Daegu District Court for six months, and the judgment became final and conclusive on October 21, 2017.

[2] On August 2016, the Defendant promised to purchase the land in KRW 125 million from January 2, 2017 to the victim D at a cafeteria located in B at a permanent residence on August 2016.

A false statement was made to the effect that “A person who was in Seoul after the death of the land, sold the said land again to a person in Seoul, and changed the purchase price of the land to a person who was in Seoul.”

However, at the time of permanent residence, the Defendant did not own land E, and only purchased the said land from F and paid the down payment of KRW 40 million, and there was no way to prepare any balance of the above land purchase and sale amounting to KRW 640 million, which would be paid to F, and there was no person who decided to purchase the said land from the Defendant from January 2017 to KRW 125 million. Thus, even if the Defendant received money from the damaged party as the purchase price for the land, it did not have any intent or ability to obtain the ownership of the said land and sell it to a third party to make profits to the victim.

On September 2016, the Defendant, as such, by deceiving the victim, obtained a total of KRW 4 million, including KRW 36 million, check, and KRW 40 million, from the victim, in exchange for the purchase price of land from the victim, and acquired the property by deceiving the victim.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the accused by the prosecution (including D substitutes);

1. Statement made by the police against D;

1. A certificate of all registered matters;

1. Investigation report (to be accompanied by photographs and sound recording files), investigation report (to be accompanied by a land trade contract), investigation report (to be accompanied by a land trade contract), and investigation report (related to the place in which the victim uses money issued by the complainants);

1. A previous conviction: A and a criminal suspect shall make a statement of inquiry, such as criminal history (A).

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