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(영문) 부산지방법원 2016.09.22 2016고단1222
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

The defendant was a person who worked as a director in corporation E, a real estate company.

On September 7, 2015, the Defendant listened to the statement that he was seeking to land the land of the Victim G (Woo, 58 years of age) in the E office located in Busan Metropolitan Government, which was located in F, and that he was selling 34,544 square meters in the company in Kimhae-si, Kimhae-si, which would be residing after the old age of 58, and that he was selling 34,544 square meters in the company after three years after the death.

“The phrase “ was false.”

However, in fact, most of the land in the use area was restricted to the construction of general housing due to agricultural and forest areas and forestry complexes under the Mountainous Districts Management Act, and there was no land that can house because the slope of the mountainous district was very high, and there was no examination of any development plan or development plan at Kimhae-si.

Nevertheless, on September 7, 2015, the Defendant: (a) entered into a contract with the victim to purchase and sell 1,071 square meters of the above forest land with KRW 100 million (330,000 per square meter) on the same day; and (b) transferred total of KRW 100 million, including KRW 30,000,000 as the down payment on the same day; and (c) KRW 70,000,000 as the remainder on the 10th day of the same month to the account in the name of Nonghyup Bank (Account Number I) in the name of the No.

Accordingly, the defendant deceivings the victim, thereby having E receive the property.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of witness G;

1. Investigation report (to hear statements of public officials in charge and to attach publicly announced land), investigation report (to attach replies to whether it is possible to construct a development plan and housing);

1. Application of land trade contract, deposit certificate of passbook without passbook, transfer details, receipts, certified copies of register, and Acts and subordinate statutes on record;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense, Article 347 (2) of the Criminal Act concerning the choice of punishment, and the choice of imprisonment;

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

1. The community service order under Article 62-2 of the Criminal Act

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