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(영문) 인천지방법원 2016.02.04 2015고단2622
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 20, 2009, the defendant would transfer the right of sale (B) 402 of the above construction site loan loan to the victim in the Seoul Jung-gu Incheon Jung-gu Office of the Dispute Resolution Co., Ltd., which was operated by the victim C around November 20, 2009.

‘False speech' was made.

However, the Defendant had already sold the above 402 building to G at around October 1, 2009, and even if he borrowed money from the damaged party, he did not have any intention or ability to repay it within one month.

Defendant deceiving the victim as above and immediately transferred KRW 30 million to the Agricultural Cooperative Account (H) in the name of the Defendant from the victim.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Statement by each prosecutor with regard to C and I;

1. A protocol concerning the examination of partially the police officers of the accused;

1. Application of Acts and subordinate statutes on a contract for sale, a detailed statement of transactions and written judgment;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

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