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(영문) 춘천지방법원 2015.10.23 2015고단808
사기
Text

A defendant shall be punished by imprisonment for not less than two years and six months.

Reasons

Punishment of the crime

[Criminal Justice] On August 5, 2010, the Defendant was sentenced to two years of imprisonment for fraud, etc. at the Seoul Central District Court, and was released on March 30, 2012 from Seoul Southern Prison on parole on the execution of the sentence, and the parole period expired on July 6, 2012.

【Criminal Facts】

On January 1, 2013, the Defendant was introduced the Victim G by the F upon request of the husband F of E, who is an employee of the said Company, to sell the land owned by the said Company F at a price lower than the market price. The Defendant was introduced to the effect that “A person interested in the investment is found.”

On January 11, 2013, the Defendant, at the above office, sold the victim G at an auction at a much lower price than the market price with the land owned by the said office, and sold it to the victim G at a lower price than the market price. In short, the Defendant would be able to live at a lower price than the market price, thereby making profits even after selling. The Defendant concluded a land sales contract with the purport that the Defendant sells the land of 736 square meters of H 736 square meters in Gangwon-si forest and fields at KRW 137,00,000,000.

However, in fact, the above land was not owned by D, and even if the Defendant received the purchase price of the land from the victim, he did not use it to purchase the above land, and was thought to use it for debt repayment, payment of wages and allowances to employees, living expenses, etc., so there was no intention or ability to transfer the ownership of the above land to the victim.

The Defendant received from the victim, namely, KRW 20,00,00 as down payment, KRW 40,00,00 as the intermediate payment on January 15, 2013, and KRW 83,880,60 as the intermediate payment on January 23, 2013, respectively, from the victim’s single bank account (Account Number: I) in the name of D.

Accordingly, the Defendant, by deceiving the victim, received a total of KRW 143,880,60 on three occasions.

Summary of Evidence

1. Defendant's legal statement;

1. The police suspect interrogation protocol of E and F

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