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(영문) 전주지방법원 남원지원 2012.12.04 2011고단348
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

However, 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 August 24, 2007, the Defendant prepared a false certificate to the effect that “the above site is actually owned after being donated from the attachment from August 20, 1990,” with respect to 3, 496 square meters in the Changwon District Court Seowon District Office’s registry office, and used the special measures for the registration of ownership transfer in the name of the Defendant, but the registration of ownership transfer was made under the name of the Defendant. However, the part of the above site is only 172 square meters in which the building is located, and the remaining part is owned by D with respect to 324 square meters in size.

Nevertheless, on September 4, 2007, the Defendant completed the completion of the contract with the victim F in E-Real Estate E-Si on September 4, 2007, as if the entire site was owned by the Defendant himself, and sold all of the above site to the victim.

As above, the Defendant, by deceiving the victim as above, received 65 million won from the victim for the purchase price of the above site from the victim, that is, the Defendant acquired from the victim.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Application of the written complaint, certified copy of the register (10 pages of investigation records), copy of the judgment (21 pages of investigation records), and statutes;

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 (1) of the Election of Imprisonment or Imprisonment;

1. Suspension of execution under Article 62 (1) of the Criminal Act (see, e.g., Article 62 (1) of the Criminal Act (see, e., Supreme Court Decision 2006Do1448, Apr. 1, 2006);

1. Probation and community service order under Article 62-2 of the Criminal Act;

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