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(영문) 창원지방법원 마산지원 2014.05.29 2013고단453
사기
Text

A defendant shall be punished by imprisonment for one year.

except that 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

On November 7, 201, the Defendant recommended the victim D to purchase 4,959 square meters (1,500 square meters) out of 26,380 square meters (1,500 square meters) of forest land located in Haan-gun, Haan-gun, the Defendant’s wife, and paid the purchase price of KRW 150,000,000,000 in forest land by February 201 and transferred the registration after cancelling the right to collateral security established in forest land until February 2, 2012, and additionally paying KRW 60,000,000 per square year until February 2012, the Defendant would complete the construction permission and civil engineering works so that all housing could be sold by the owner of the access road by obtaining the consent of the owner of the access road or securing all the access road.

However, in fact, the Defendant did not have the intent or ability to transfer the registration to the victim by repaying the collateral and cancelling the right to collateral security, and did not have the intention or ability to complete the construction permit and civil engineering works, since the Defendant did not have the intent or ability to complete the construction permit for electric power generation housing and civil engineering works.

Nevertheless, the Defendant deceiving the victim as above and received KRW 100 million as down payment from the victim, namely, from November 25, 201 to March 8, 201, and acquired KRW 60 million in total from November 25, 201 to March 8, 201.

Summary of Evidence

1. Defendant's legal statement;

1. An interrogation protocol of the accused by the prosecution (including D substitute part);

1. Application of the police statement law to D;

1. Article 347(1) of the Criminal Act applicable to the crime, the choice of imprisonment;

1. Suspension of execution under Article 62(1) of the Criminal Act (see, e.g., Article 62(1) of the Criminal Act (see, e.g., the fact that the victim has agreed with the victim and that his mistake has been pened) [the scope of recommending punishment] types 2 (at least KRW 100 million, less than KRW 500 million) and mitigation area (from October to February 6) (excluding special mitigation) or considerable

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