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(영문) 서울중앙지방법원 2015.02.05 2014고단393
사기
Text

A defendant shall be punished by imprisonment for one year.

The defendant 34.5 million won to W who applied for compensation, and 30 million won to X who applied for compensation.

Reasons

Punishment of the crime

[criminal record] On June 4, 2010, the Defendant was sentenced to one year of imprisonment for a crime of fraud at the Seoul Central District Court. On August 12, 2010, the above decisions were finalized on October 28, 2010 after having been sentenced to two years of imprisonment for the same crime by the same court. On April 15, 2011, the same court was sentenced to six months of imprisonment for the same crime and the above judgment became final and conclusive on the 23th day of the same month. On July 25, 2014, the same court was sentenced to one year of imprisonment for the same crime and became final and conclusive on November 1, 2014.

【Criminal Facts】

On February 26, 2007, the Defendant made a false statement to the effect that “The forest land in Sungnam-si is 1.5 million won per square day, and the green belt is released within 2-3 years, and the Seoul Airport is moved to another area, the value of KRW 15 million per square day to KRW 20 million.”

However, the Defendant did not have any guarantee for the cancellation of the designation, etc. of Green Belgium because he did not confirm or have any information about the cancellation of the designation, etc. of Green Belgium with respect to the forest above. The Defendant did not have any intent or ability to return the price even if he received the purchase price from the victim and did not comply with it.

Nevertheless, on February 26, 2007, the Defendant made such a false statement and entered 34.5 million won in the list of crimes in the attached Form of the bill of indictment in the name of a national bank account (Account Number AA) in the name of the State in the name of the victim for the purchase price of the said forest. However, in light of the facts charged or the statement of accusation submitted by the victim, it is obvious that such statement is a clerical error of 34.5 million won.

(2) have been transferred to the Corporation.

In addition, the Defendant was issued KRW 30 million on April 6, 2007, as the purchase price for the said forest land, on the part of the victim X by the said method.

Summary of Evidence

1. The defendant;

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