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(영문) 수원지방법원 2017.08.25 2016고단826
사기
Text

A defendant shall be punished by imprisonment for not more than ten 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

The defendant of "2016 High 826, the 2016 High Ma, the defendant, at the defendant's house located in Ssung C around January 16, 2015, want to purchase 500 square Ga, which is owned by the clan E, from the victim D.

In excess of 100 million won, 50 million won may be examined.

First, it made a false statement to the effect that deposit of KRW 25 million is to be able to live.

However, in fact, even if the Defendant received the purchase price from the injured party, he was planned to use the purchase price to repay the obligation for the construction price of the Defendant, and even if he received the payment from the injured party, he did not have any intention or ability to purchase the said land.

Nevertheless, on January 20, 2015, the Defendant, by deceiving the victim, was transferred KRW 25 million as land down payment through the Agricultural Cooperative Deposit Account in the name of F from the victim.

On August 17, 2011, the Defendant made a false statement to the effect that “In the family of the Defendant, I would like to fix the land of the family to be purchased at an low cost by determining KRW 150,000 per square meter without any problem, so that I would purchase the land of the family to be purchased at an low level by determining KRW 1,50,000 per square meter without a problem.”

However, in fact, the defendant did not have the right to purchase the above land from the clan that is the owner or to transfer the ownership of the above land to the victim, did not think that he would pay the purchase price of the land, and even if he received money from the victim, he would have used it as the defendant's agricultural funds and living expenses.

Nevertheless, the Defendant: (a) deceiving the victim and deceiving the victim as above; (b) KRW 20 million on the same day as the down payment from the victim as the purchase-price; (c) KRW 3 million on August 18, 201; (d) KRW 2 million on December 12, 201; and (e) KRW 200,000 on the remaining terms and conditions; and (e) KRW 20 million on February 23, 2012; and (e) November 29, 2012.

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