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(영문) 춘천지방법원 영월지원 2020.04.28 2019고단581
사기
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 2, 2016, the Defendant made a false statement that “The Defendant would enter into a real estate sales contract with Pyeongtaek-gun and D within one month of the week” to the victim B at a Down-gun space located in Gangseo-gun, Gangwon-gu, Gangwon-do, and that “The Defendant would enter into a real estate sales contract with the amount of KRW 30 million.”

However, in fact, the Defendant owned G Co., Ltd. at the time between E and E in order to sell the above site. Around October 2014, the Defendant concluded a sales contract with G Co., Ltd. to purchase eight parcels of land in the instant case and eight parcels of land in total.

(H and joint purchase). However, as E has become difficult to procure any balance in the situation of paying down payment and intermediate payment, E requested real estate business entities, including the Defendant, to identify other buyers.

E, once it purchases the whole eight parcels of land collectively, seems to have been planning to resell part of the whole parcels of land to other buyers.

It is not possible to conclude a sales contract for the above site even if the victim receives KRW 30 million as the down payment, such as there was no separate agreement on the down payment of the above site, and even if the victim receives the money from the victim, it was thought that it was used for the defendant's living expenses, personal debt repayment, etc., and there was no intention or ability to conclude the above real estate sales contract.

Nevertheless, on February 23, 2016, the Defendant received 30 million won as a check from the victim.

Accordingly, the defendant acquired property by deceiving the victim.

Summary of Evidence

1. Defendant's legal statement;

1. Each police statement made to F and B;

1. Written notes, each photograph, written agreement, investigation report (victim B telephone conversations), investigation report (to be reported on the date and time of photographing checks), investigation report (to be heard by the victim), full certificate of registered e-mail, investigation report; and investigation report;

1. Previouss before judgments: Criminal records, inquiry reports, previous records of investigation, and written judgments;

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