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(영문) 춘천지방법원 영월지원 2018.10.16 2017고단473
사기
Text

A defendant shall be punished by imprisonment for two years.

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

Reasons

Punishment of the crime

The Defendant secured a trend as “a pre-sale contract (one dry field transaction)” that was planted in a dry field from the owner of a dry field in a dry field in its entirety, and did not have been mature, and subsequently sold and profits from the distribution to a third party under the pre-sale contract. The Defendant purchased a drilling by concluding the aforementioned pre-sale contract with the Defendant from July 31, 2016.

1. On August 1, 2016, the Defendant, on August 1, 2016, made a false statement to the victim B, stating, “The Defendant, at an influent restaurant located in the Goak-gun, Gangwon-gun, Gangwon-gu, Gangwon-do, that “The 37 million won Guide 18,00,000 won is changed to sell a distribution trend planted in approximately 18,00,000 as a part of 3 lots of paddy field in the static-gun.”

However, in fact, the Defendant did not have the intent or ability to deliver the vessel of the dry field for the instant dry field to the victim, even if the Defendant received the payment from the injured party, because the Defendant had made an oral sales contract with the victim for the dry field for the instant dry field for the paddy field for the instant dry field for the paddy field for the instant dry field for the Defendant, by using the fact that there was no contract.

The Defendant: (a) by deceiving the victim as above; (b) received the payment of KRW 7 million around the 5th of the same month from the injured party; and (c) received the remainder KRW 30 million around the 9th of the same month.

2. On August 12, 2016, the Defendant, who committed a crime around August 12, 2016, called the victim from an insular land on August 10, 2016 and sent 13 million won as down payment to the victim by phoneing the victim at the sular land.

D. In other words, the Defendant will sell to the victim the distribution trend in D and E dry field 4 on the 12th day of the same month and around the 1700,000 won.

The phrase “ makes a false statement.”

However, in fact, the Defendant entered into a sales contract with the victim for the above D and E dry field, and then sold the drilling to the third party by using the fact that there is no contract.

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