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(영문) 의정부지방법원 2016.11.01 2016고단1209
사기
Text

A defendant shall be punished by imprisonment for four months.

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

Around 1:00 on September 29, 2014, the Defendant: (a) concluded a contract to sell the said real estate to the victim E at the home of D, a neighboring resident in the Chungcheongnamyang-gun, Chungcheongnamyang-gun, to the effect that: (b) the heir has delegated the right to sell and purchase the land to the land for three parcels, other than H, H, 397 square meters, registered in the name of the parent, and the heir has been registered in the name of the father; (c) so there is no problem in selling the land. If the down payment and the intermediate payment are to be paid first, the Defendant first concluded a contract to sell the said real estate to the victim for KRW 57 million.

However, the defendant did not have any intention or ability to complete the registration of ownership transfer of the above real estate in accordance with the above agreement even if he received the purchase amount from the victim because he did not have been delegated the right to dispose of the above real estate from other successors.

On September 22, 2014, the Defendant, by deceiving the victim as such, received a total of KRW 5.5 million from the victim to the account of community credit cooperatives under the name of the Defendant, including transfer of KRW 5.5 million as the down payment, and KRW 20 million as the intermediate payment on October 20, 2014, respectively, and acquired KRW 25.5 million as the part payment.

Summary of Evidence

1. The defendant's partial statement in the second protocol of trial;

1. Each legal statement of witness E, I and J;

1. A protocol concerning the examination of partially the defendant's prosecution;

1. Statement of the police statement of E;

1. The report of investigation (as to the question being examined by the public)

1. Investigation report (with respect to telephone communications);

1. 부동산매매계약서 사본, 통장거래내역 사본, 자유저축예�거래명세표, 등기사항전부 증명서, 수사보고(피해자의 전자금융이체결과확인서 제출) 법령의 적용

1. Article 347 (1) of the Criminal Act applicable to the crimes and Article 347 of the Election of Imprisonment;

1. Judgment on the assertion by the defendant and his defense counsel under Article 62(1) of the Criminal Act

1. The gist of the claim.

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