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(영문) 의정부지방법원 2017.02.02 2016고단5449
사기
Text

A defendant shall be punished by imprisonment for not less than eight months.

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

Reasons

Punishment of the crime

On April 12, 2014, the Defendant developed the said land within three months in the state of paying the down payment of KRW 100 million with D, an owner of Gyeonggi-gun C land (hereinafter “instant land”), and concluded a sales contract to “the remainder after obtaining a loan on the said land as security,” but the Defendant did not have any special income at the time and delivered KRW 200 million out of the land to D as the development cost and the down payment, and the Defendant did not have the ability to actually perform development activities, such as lending KRW 200 million to D under the pretext of the development cost and the down payment. Around June 12, 2014, the Defendant was at the state of cancelling the sales contract that the Defendant and D were to file a complaint against fraud, and around that time, D terminated the sales contract that had been concluded with the Defendant.

On February 2, 2015, the Defendant developed the real estate of Gyeonggi-gun C in the mutual infranc shop located in Jung-gu Seoul, Jung-gu, Seoul, with the victim F.

If the money to be developed is short of money, the land will be provided with a loan and the land will be repaid with a loan for up to one month with the money.

“A false statement” was made.

However, the Defendant was thought to use the money received from the injured party as debt repayment and living expenses, etc. because he had borne approximately KRW 1.5 billion, and the sales contract that the Defendant entered into with D was already rescinded for the said reason, and there was no authority to develop the instant land.

Nevertheless, the Defendant, on March 2, 2015, obtained a total of KRW 11,750,000 from the damaged party, KRW 10,000,000 around March 3, 2015, KRW 100,000 around March 3, 2015, and KRW 775,00 around March 31, 2015 from the Defendant’s wife G account, and acquired a total of KRW 11,750,00 from

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of suspects of D;

1. Each police statement made to F and E;

1. A certificate;

1. Investigation report (the details of telephone communications with landowners);

1. A copy of a certificate of borrowing money or passbook;

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