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(영문) 대구지방법원 김천지원 2013.07.04 2013고단166
사기
Text

A defendant shall be punished by imprisonment for one year.

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

On September 2006, the Defendant made a false statement to the victim C, stating, “A person F who sells land in a commercial area owned by the Korea Water Resources Corporation (hereinafter “instant land”) upon entrustment to the victim C, and this person has a connection of staticity. Accordingly, if the purchase of the instant land is possible, it would be able to lower the market price and would be able to pay a lot of profits.”

However, the Korea Water Resources Corporation did not have sold the instant land on consignment, and there was no person F to whom the sale of the instant land was entrusted. Therefore, even if the Defendant received money from the victim, he did not have the intent or ability to purchase the instant land owned by the Korea Water Resources Corporation.

As above, the Defendant, by deceiving the victim as above, received KRW 7,00,000 from the victim, around October 26, 2006, and from that time, received KRW 197,00,000 in total from that time, from February 22, 2011, for the purchase price of land and for the payment of expenses for five times in total, as shown in the attached list of crimes.

Summary of Evidence

1. Partial statement of the defendant;

1. Partial statement of witness G;

1. Each prosecutor's statement concerning C;

1. Recording notes;

1. A written confirmation, reply to the details of a request for investigation cooperation, inquiry by residents, family relation certificate, personal financial transaction, written confirmation, etc.;

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