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(영문) 춘천지방법원 2015.01.13 2013고단1009
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On December 17, 2010, the Defendant: (a) delegated the authority to sell the said dry field to the victim F with the authority to sell the said dry field as KRW 240 million; (b) around January 25, 201; and (c) entered into a land sales contract with the victim F with the view to receiving KRW 140 million as the intermediate payment as the intermediate payment, around January 25, 201; and (d) around July 30, 201.

On January 10, 2011, at the H Licensed Real Estate Agent Office located G in Kimpo-si, Kimpo-si, the Defendant called the victim’s cell phone and made a false statement to the victim that “I transfer KRW 1.5 million of the survey cost to the new bank account of I by the surveying business operator.”

However, in fact, the above I was the defendant's wife type fraud, and the defendant had the victim repay the money to the above I on behalf of the victim, and even if he received money from the victim as a survey expense, he did not intend to use it as a boundary survey cost for the above land.

As above, the Defendant, by deceiving the victim and forcing the victim to transfer KRW 1.5 million to the new bank account under the said I as a survey expense for the same day, and was transferred from around that time to April 23, 201 by the victim totaling KRW 2,750,000 in the name of survey expenses, farmland diversion contributions, and construction expenses for the said land as shown in the attached crime list from around that time to around April 23, 2011.

Summary of Evidence

1. Partial statement of the witness F in the court;

1. The statement to the effect that the victim purchased the instant land for the purpose of development among the first police interrogation protocol against the Defendant, and the payment of intermediate payment of KRW 70 million as of January 25, 201 on the original contract was made early as of January 10, 201 in order to promptly start the first police interrogation protocol, in which the first police interrogation protocol against the Defendant was made.

1. On November 5, 2012, attached to the investigation report (Report on the Attachment to the Record) the CD recording recording recording of conversations between the Defendant, F, J, and K.

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