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(영문) 대전지방법원 서산지원 2015.05.14 2014고단578
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 became final and conclusive.

Reasons

Punishment of the crime

Around August 2012, the Defendant made a false statement to the effect that “The Defendant would sell three lots of land, such as Da, Ha, and I, in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, Ha, which is the F in the Republic of Korea, to the victim E, who had believed the Defendant to be a senior friendly Gu, without bearing the burden of collateral security, etc., and pay KRW 15,30,000,000 in the name of the cost of construction and purification of the site of electric power supply, construction and septic tanks, building permit costs, and other charges for diversion of farmland,” to the victim E who had been believed to be the Defendant as a senior friendly Gu.

However, in fact, the Defendant did not own property under his/her own name and did not have any intent or ability to sell land which was not borne by the victim upon termination of the existing collateral security on November 7, 2011, even if he/she received the purchase price from the victim, such as the right to collateral security (the maximum debt amount at the time of the secured debt amount is KRW 170 million), the right to collateral security (the right to collateral security), the right to collateral security (the right to collateral security), the right to collateral security (the right to collateral security), the right to collateral security (the right to collateral security), the right to collateral security (the right to collateral security), and the right to collateral security (the right to collateral security).

Nevertheless, the Defendant received KRW 40 million from the victim to the Agricultural Cooperative Account in F’s name on September 12, 2012, KRW 50 million on October 5, 2012, KRW 800,000,000 on November 8, 2012, KRW 730,000 on November 19, 2012, KRW 95,300,000 from the victim to the Agricultural Cooperative Account in the name of F, and KRW 95,30,000 on October 8, 2012.

Accordingly, the defendant deceivings the victim to take the property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness E;

1. A certificate of borrowing, receipt, confirmation of cancellation of the right to collateral security, certificate of borrowing;

1. Application of Acts and subordinate statutes of each registration certificate, all of the registered matters, free savings deposit statements, and specification of transactions;

1. Relevant Article 347 (1) of the Criminal Act, the choice of criminal punishment, and the choice of imprisonment;

1. As to the Defendant’s assertion under Article 62(1) of the Criminal Act, the Defendant’s assertion is the case G and H.

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