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(영문) 의정부지방법원 고양지원 2017.11.16 2017고단1083
사기
Text

A defendant shall be punished by imprisonment for six months.

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

Reasons

Punishment of the crime

[2] On September 19, 2014, the Defendant was sentenced to a stay of ten (10) years to imprisonment for a crime, and the judgment became final and conclusive on September 27, 2014. On December 1, 2015, the judgment became final and conclusive on February 12, 2016 after having been sentenced to one (1) year to imprisonment for a crime of fraud in the Cheongyang Branch District Court for the purpose of a crime of fraud. On February 9, 2017, the judgment became final and conclusive on February 17, 2017, upon having been sentenced to two (2) years to a stay of imprisonment for a crime of fraud at the District Court for the 10-month District Court for the purpose of a crime of fraud.

[2] On November 25, 201, the Defendant delegated the victim E with the right to purchase and sell the F land from G to the owner of the F land at the time of the so-called “D Company” office located in the Seoul Building No. 501 at the time of the so-called “A” office to the victim E.

On the face of the purchase price of KRW 60 million, the above land shall be sold and sold.

The phrase “ makes a false statement.”

However, in fact, since the defendant was only delegated with the authority related to the authorization and permission for land development from G and was not delegated with the authority to sell land, and was tried to use the above money to receive the above money from the injured party as office operating expenses, there was no intention or ability to sell the above land to the victim.

Nevertheless, the defendant deceivings the victim as above and acquired 60 million won from the victim to the agricultural bank account in the name of the defendant under the name of the defendant as the price for land sale on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Witness E or H’s testimony;

1. Certificates of seal imprints and contracts for real estate trade;

1. A report on investigation (Submission of victim data) and a certificate of deposit confirmation;

1. A criminal investigation report (in relation to submission of suspect A-verification data), power of attorney, and certificate of seal impression;

1. A report on investigation (data submitted by a witness H), a real estate transaction contract, and a certified copy of the real estate registry;

1. Previous convictions in the judgment: A inquiry letter, such as criminal history, investigation report (the previous confirmation of the previous record), [the defendant and his/her defense counsel are delegated by the defendant to sell and purchase the land of this case, so they do not deceiving the victim, but they did not obtain permission.

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