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(영문) 의정부지방법원 2016.01.26 2015고단2729
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

The defendant is a person who has no fixed occupation.

Around September 9, 2012, the victim C sold KRW 200,000,000 to F, G, and H with the land and buildings owned by the victim, KRW 200,000,000,000,000,000,000,000,000 from the purchase price of the said land, and at the same time, Dong D and E were transferred the ownership of KRW 202 out of the six households constructed on the said land by Dong, and issued a purchase contract, but the above loan No. 202 had the ownership of KRW 10,00,000 in the Defendant’s name as of September 26, 2013. Around October 25, 2013, Dong used the above F, G, H, and the Defendant as joint tort and provisionally seized No. 201,302,401.

Accordingly, the Defendant at the office of “I Authorized Broker” located at the time of the Government around December 23, 2013, and the Defendant falsely stated that “The Defendant, despite the absence of the intent or ability to pay KRW 50 million out of the outstanding purchase price of KRW 100 million, the Defendant withdrawn the civil suit filed against I, who would pay the remainder of KRW 100 million, in installments with J by May 30, 2014, and then withdraw the provisional attachment set forth in subparagraphs 201, 302, and 401 of the above sub-paragraph (4).”

On December 24, 2013, the Defendant, by deceiving the victim, had the victim cancel the above provisional seizure at the 1st Government District Court located in the Dong-gu District Court, which is possible at the time of the Government around December 24, 2013. On March 5, 2014, the Defendant, at the same court, had the defendant withdraw the above provisional seizure, thereby obtaining pecuniary profits equivalent to KRW 100 million.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against C;

1. A certified copy of each real estate registry;

1. A complaint or judgment;

1. A complaint;

1. Application of Acts and subordinate statutes to investigation reports (the details of the progress of civil procedures and the confirmation of withdrawal of lawsuit);

1. Relevant Article of the Criminal Act, Article 347(1) of the Criminal Act, and Article 1.

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