(영문) 의정부지방법원 고양지원 2012.10.23 2012고단31

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(영문) 의정부지방법원 고양지원 2012.10.23 2012고단31

사기등

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Defendant

A shall be punished by imprisonment for not less than two years and six months.

The Defendants are not guilty of embezzlement or breach of trust.

Reasons

[Defendant A’s fraud part] When the Defendant’s debt amount was 3.5 million won or less, and the Defendant was economically lacking, the Defendant, who was the president of the said clan, issued KRW 1.60 million to F, who was the president of the said clan, and received money from the victim G and the victim H for the purpose of selling 1,300 square meters out of the said forest land of KRW 60,190 square meters (hereinafter “the instant forest”).

On September 18, 2009, the defendant did not have the ability or intent to transfer the ownership of the above woodland 1,300 square meters because he was unable to fully pay the price of the above woodland to the above D clans. In addition, the defendant concluded a real estate sale contract with the victims to sell the above woodland 1300 square meters to the victims and to open the access road from the above woodland 1,300 square meters, even though he did not have the ability to resolve the problem of the access road from the above 1,300 square meters because he did not consult with the owners of the above land, and received the total amount of KRW 20 million as the down payment, KRW 130 million from the victims to the road in spite of the lack of the ability to resolve the problem of the access road from the above 1,300 square meters.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of a witness G, H, I, and J;

1. Partial statement of the witness F in the court;

1. Some of the statements made by the prosecution and the police interrogation protocol of the accused (including each part of the G substitute statement and F substitute statement);

1. Some statements in the prosecutor's statement concerning F;

1. The police statement concerning G;

1. K's certificate of fact;

1. Each real estate sales contract;

1. A certified copy of each real estate register, a land use plan, and a survey plan of actual status;

1. A detailed statement of passbook transactions;

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