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(영문) 수원지방법원 2021.02.09 2019고단6944
사기
Text

A defendant shall be punished by imprisonment for a term of one year and three months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On September 14, 2006, the Defendant entered into a contract to sell the above B forest land to E on September 15, 2006, as the husband of the land B and D who is the owner of land C, and on September 15, 2006, on September 15, 2006, the Defendant established a right to collateral security of the maximum claim amount of 1.2 billion won in the above forest land to E, and on April 28, 2009, on April 28, 2009, the Defendant set up a right to collateral security of the maximum claim amount of 350 million won in the above forest land.

On December 7, 2007, the Defendant entered into a contract with the victim G to sell the said forest and field to KRW 1.75 million, and received KRW 690 million as down payment and intermediate payment by May 22, 2009. On October 2009, the Defendant and the victim made a written performance statement stating that “When transferring the said forest and field to another person, D shall pay transfer income tax, and the victim shall repay the principal and interest of E, F, and H associations established on the said forest and field.”

On December 24, 2009, the Defendant issued on December 24, 2009 that “The Defendant shall request the victim to pay the principal and interest of KRW 200 million to E and KRW 15930,000 to the Defendant.”

However, in fact, the defendant was thought to use the above money for personal purposes by receiving the money from the injured party, and there was no intention to pay the money to E.

Defendant deceiving the victim as above and received KRW 215,5930,000 from the time when he received the delivery of KRW 200,000 for the purpose of paying the principal and interest of the debt to E on the same day from the victim, and acquired by deception all 3,430,000 won in the same way as the written list of crimes in the attached Table by the same way five times until June 15, 2010.

Summary of Evidence

1. The defendant's legal statement in court by witness G;

1. Statement of the police statement related to G;

1. Application of Acts and subordinate statutes to all certificates to be registered, each real estate transaction contract, each receipt, certificate, and performance letter;

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

1. Article 62 (1) and (2) of the Criminal Act on the suspension of execution;

1. Social service order under the Criminal Act;

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