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(영문) 수원지방법원 2018.05.18 2017고단6392
사기
Text

A defendant shall be punished by imprisonment for one year.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On November 15, 2016, the Defendant called to C on November 15, 2016, and is subject to the sale of E-owned housing sites by visiting Osan-si 303 Do, for more than ten years.

The phrase "to trade the sales right in KRW 100 million" was false.

However, on March 7, 2014, the defendant applied for settlement money of KRW 10 million to the Gyeonggi-do Headquarters of the Korea Land and Housing Corporation, and prepared a written waiver of settlement money of KRW 10 million, and did not own the housing site of the migrants by receiving settlement money of KRW 10 million around March 14, 2014 and receiving KRW 10 million from the settlement money of KRW 10 million.

Nevertheless, the Defendant, as if he owned a housing site of migrants, deceiving C and then introduced C to the Defendant. The Defendant immediately received KRW 5 million from the victimized person to the bank (G) account in the name of the Defendant as contract deposit. On November 16, 2016, the Defendant prepared a sales contract on I real estate located in Pyeongtaek-si H and received KRW 95 million in total as the remainder payment and received KRW 100 million.

Accordingly, the defendant acquired the victim's property by fraud.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of witness F;

1. The witness C’s legal statement in the second public trial protocol;

1. The defendant asserts to the effect that he/she did not have the intention of defraudation by concluding a sales contract with the knowledge that he/she did not have any decentralization at the time of the instant sales contract, as he/she did not know that he/she did not have any decentralization at the time of the instant sales contract.

The following circumstances acknowledged by the evidence duly adopted and investigated in this Court, that is, the request for settlement funds for relocation prepared and submitted by the Defendant to the Korea Land and Housing Corporation on March 7, 2014, shall confirm and undertake to waive the relocation measures when the owner receives the settlement funds.

The phrase “” is written, and the Defendant’s housing site for migrants, claiming settlement money as above.

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