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(영문) 수원지방법원 2014.05.02 2013고단6492
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for four months and by imprisonment for six months.

However, this judgment is delivered to Defendant A.

Reasons

Criminal facts

Defendant

A is the 30 owners of the two salary bars, which are obstacles installed in C in etern City, and Defendant B is the 30 actual owners of the above two salary bars, and Defendant A is the 30 persons in the relationship of Defendant B with Defendant B, but the 30 owners of the two salary bars installed in “D in the case of emulation and harmony” are the victims E, and Defendant B is the 30 persons in the two salary bars, and Defendant B is willing to sell 30 persons in the two salary bars to the victims.

On April 24, 2012, the Defendants concluded that, at a rest area located in the F apartment complex in Chungcheongnam-si, the “Yeongsung-si D, in which 30 persons are installed,” the victims were incorporated into the G district land development project implemented by the Korea Land and Housing Corporation, and that, if 30 persons, which are obstacles, can be purchased, 8 square meters of the land for livelihood countermeasures can be purchased as compensation for obstacles at the Korea Land and Housing Corporation.”

However, the Korea Land and Housing Corporation decided not to grant compensation for the right to sell the land for livelihood countermeasures around May 2010, so the Defendants did not have any intention or ability to allow the victims to purchase eight square meters of the land for livelihood countermeasures.

Nevertheless, the Defendants were paid KRW 22 million to the victims under the name of the purchase price and the introduction fee for the 30 joints of the two salary bars, which belongs to the victim as above.

As a result, the Defendants conspired to deceive the victim and take the property of the victim.

Summary of Evidence

1. Defendants’ partial statement

1. Legal statement of witness E;

1. A copy of a real estate sales contract;

1. Receipts:

1. A copy of a sales contract for the purchase of land for livelihood countermeasures;

1. A copy of each check;

1. Application of Acts and subordinate statutes to the investigation report (LH relative investigation);

1. Relevant Articles 347 (1) and 30 of the Criminal Act and the choice of punishment for the crime (for the defendants), Articles 347 (1) and 30 of the Criminal Act;

1. Article 62(1) of the Criminal Act 1. suspended execution (Defendant A);

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