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(영문) 수원지방법원 2014.12.19 2014고단2232
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Criminal facts

(State)The defendant was the representative of D.

On August 25, 2010, the Defendant entered into a contract with the victim G to purchase KRW 3,490,000,000 in Seoul Jung-gu H and I land at the (ju) company office located in Gwangjin-gu Seoul Special Metropolitan City (Seoul), and the victim G to purchase KRW 127.06,00,000. At present, the Government Project Fund is waiting to sell the above 4th and the 5th floor.”

However, in order to obtain a construction permit, it is necessary to permit the construction, and the written consent to the use of the above land was required, but at the time, the landowner refused to prepare and deliver the written consent to use, so it was not actually possible to receive government funds, so it was impossible to construct a new building and sell it normally.

Nevertheless, the Defendant, without notifying the victim of such fact at all, by deceiving the victim as above, and then deceiving the victim from the victim to the corporate bank account in the name of D on September 30, 2010, 50 million won as contract deposit, and 8 million won as operating expenses for the agricultural bank account in the name of D on the same day.

Summary of Evidence

1. Partial statement of the defendant;

1. Each legal statement of witness G, J and K;

1. A written agreement for the promotion of joint development of businesses;

1. Transfer certificate;

1. A copy of the judgment (No. 4 annexed to evidence);

1. Application of the Act and subordinate statutes to an investigation report (including a copy of the real estate sales contract attached to materials, etc. submitted by a suspect, such as a copy of the attached document, a “each receipt”

1. Relevant Article 347 (1) of the Criminal Act, Article 347 (1) of the Criminal Act, guilty of imprisonment and reasons for sentencing concerning the crime;

1. Comprehensively taking account of the evidence as seen earlier, such as the witness G, J, K’s each legal statement, the witness L’s partial statement, the relevant civil judgment, and the copy of a real estate sales contract, the Defendant is against J and M, the landowner of April 14, 2010.

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