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(영문) 수원지방법원 성남지원 2019.11.26 2019고단1331
사기
Text

A defendant shall be punished by imprisonment for four months.

Reasons

Punishment of the crime

On July 18, 2018, the Defendant was sentenced to imprisonment with prison labor for four months at the Suwon District Court for fraud, and the said judgment became final and conclusive on the 26th of the same month.

On June 24, 2009, the Defendant made a false statement stating that “The Defendant would transfer the right to occupy a commercial building or the right to compensation for a commercial building if he/she takes the right to occupy a commercial building, as he/she is included in the F development plan and is compensated for the ground property as the land is incorporated into the F development plan.”

However, there was only a question that the compensation for the above land owned by the Defendant was not clear at the time, and that the compensation would be made, and the Defendant did not have the intent or ability to transfer the right to occupy commercial buildings or the right to compensation for the above land, even if the victim wants to sell the right to occupy commercial buildings to other buyers than the victim, even if the purchase price is paid from

The Defendant received a total of KRW 15 million including cash 10 million under the pretext of cash down payment from the victim on June 2009, and on June 24, 2009, a total of KRW 15 million under the pretext of cash balance.

Around July 22, 2009, the Defendant made a false statement to the victim H through Ma-dong G from the C real estate located in Hanam-si, Hanam-si, to the effect that “The Defendant would transfer the right to occupy a commercial building or the right to compensation for a vinyl, which is a ground object, as the said land was incorporated into the F development plan and the said land became the right to occupy a commercial building or the right to compensation for a vinyl, which is a ground object.” As such, the Defendant would transfer the right to occupy a commercial building or the right to compensation for a vinyl of the said land at the face of 23 million won.”

However, it was not clear that the compensation for the said vinyl, which was owned by the Defendant at the time, would be made, was not certain, and the right to compensation for the said vinyl was already transferred to another person, and at the time, the liability was exceeded KRW 100 million and was a bad credit holder.

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