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(영문) 서울동부지방법원 2016.07.21 2016고단462
사기
Text

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

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

Reasons

Punishment of the crime

The Defendant stated in the facts charged in B, a real estate sale agency, etc., as “G” but, according to each entry in the certified copy of the corporate registry and the land sale contract, it is recognized that the above circumstances are erroneous in writing in B, and therefore, it is determined that the above circumstances do not have any particular influence on guaranteeing the Defendant’s right to defense.

On April 7, 2011, the Seoul Eastern District Court was sentenced to four months of imprisonment for fraud, which became final and conclusive on June 24, 2011.

At around 10:00 on May 8, 2008, the Defendant recommended the victim D to purchase one parcel of E or F forest in E or F forest in E or F in E in E or E in E-si in E-si, Gwangju, the Defendant stated that “No later than three years, an industrial complex occurs, hot spring tourism is developed, and the fourth line of road is created, with a lot of money equal to or greater than 10 times the value of the land, and the purchase of this land would immediately lead to the registration of transfer of ownership.”

However, in fact, the Defendant entered into a sales contract with the owner of the forest above at the end of 2007, to purchase the forest above KRW 1.2 billion, and collected all the visitors with the status of KRW 40 million and planned to prepare the sum of the down payment and the remainder, and did not have secured the ownership of the said forest above. Since the contract was rescinded on March 2008 on the grounds of unpaid payment, such as intermediate payment, the Defendant did not have any intent or ability to transfer the ownership of part of the said forest above even if receiving the payment from the damaged party.

The defendant deceivings the victim as above and acquired 60 million won from the victim as the purchase price.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Statement made by the police against D;

1. The investigation report (the complainant D.).

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