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(영문) 의정부지방법원 2018.02.21 2017고단5221
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On January 16, 2015, the Defendant would take over the collateral security obligation set forth in subparagraph 201 and transfer the ownership of subparagraph 201 to the victim D on January 16, 2015, by determining the purchase price set forth in subparagraph 201 of the CB as KRW 128,000,000.

The phrase “ makes a false statement.”

However, in fact, CB BB(201) transferred the ownership to F on January 24, 2014 as a security for the payment of construction costs against F, a business operator of E, who is the husband of the Defendant, and at the time, the Defendant was operated by the Defendant on April 2016.

Since the G's business is suspended and there is no income, it is not possible to pay the construction cost due to the reasons such as no income, there is no intention or ability to transfer ownership even after receiving the purchase price from the injured party.

The Defendant received KRW 10 million from the injured party on January 16, 2015, and received KRW 1 million on or around January 30, 2015, and transferred KRW 1 million on or around May 4, 2015, KRW 1 million on or around May 6, 2015, KRW 1 million on or around May 6, 2015, KRW 10 million on or around May 29, 2015, and KRW 5 million on or around June 3, 2015 to each of the post offices accounts under the name of each of the Defendant (H).

Accordingly, the Defendant was given property worth KRW 28 million by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Partial statement of the witness F;

1. Entry of the defendant in part of the protocol of interrogation of the suspect against the defendant in the prosecution;

1. Statement made to the public prosecutor's office with regard to F;

1. Entry of each part of the defendant and E in the first interrogation protocol against the defendant in the police room;

1. Statement of part of the defendant in the second examination protocol of suspect interrogation against the defendant, which is made by the police;

1. Application of court rulings, F fact-finding certificates, receipts, certified copies of registers, and photographs of written agreements;

1. Article 347 (1) of the Criminal Act applicable to the facts constituting an offense;

1. The Defendant’s assertion of the Defendant’s argument regarding the Defendant’s choice of imprisonment with prison labor is entirely acknowledged, but the facts charged are entirely recognized, on May 1, 2014, from F.

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