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(영문) 수원지방법원성남지원 2020.12.10 2020고단499
사기
Text

A defendant shall be punished by imprisonment for not more than ten months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On July 19, 2018, the defendant of criminal records was sentenced to three years of suspension of the execution of imprisonment with prison labor for the crime of forging official documents in Sung-nam branch of the Suwon District Court on July 19, 2018, and the judgment was finally decided on July 27, 2018.

Criminal facts

1. On April 2018, the Defendant stated that “The Defendant would enable the Victim B to cancel the designation of a development restriction zone with respect to the land located in D, the victim and his father owned by the victim and his father via D through D through D. The need to cancel the designation of a development restriction zone is changed, and if the designation of a development restriction zone is not cancelled, the money will be returned again.”

However, even if the defendant receives money from the victim, he/she was thought to use the money for entertainment expenses or personal debt repayment, etc., and even if the designation of a development restriction zone is not cancelled, he/she did not have any intention or ability to return the money

Around April 16, 2018, the Defendant received KRW 100 million from the victim’s bank account in the name of the Defendant, and KRW 30 million from the same account around the 17th day of the same month.

Accordingly, the defendant was given property by deceiving the victim.

2. On June 26, 2018, the Defendant made a false statement to the above victim stating, “A construction design cost is needed because the cancellation of the designation of a development restriction zone is completed.”

However, in fact, even if there was no progress related to the cancellation of the designation of a development restriction zone and there was no idea to use the money for entertainment expenses or personal debt repayment, so there was no intention or ability to design the building with the money of the victim.

The Defendant received KRW 20 million from the victim to the national bank account in the name of the Defendant on the same day.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Examination protocol of suspect suspect C on the defendant's court statement;

1. Each prosecutor's statement concerning E and F. 1.

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