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(영문) 광주지방법원 2018.07.11 2017고단4844
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On September 20, 2015, the Defendant sold to the victim D land 470 million won in total of 470 million won in the area of two parcels, such as the Republic of Korea F, G, etc. before he/she owns the name of his/her father E in the office of certified intermediaries in Gwangju North-gu, Gwangju-gu.

Of the purchase price of land, KRW 120 million shall be paid in cash, KRW 315 million of H, which is a collateral obligation of collateral security right established on the said land, shall be paid in advance, and the remaining land price shall be paid in such a way that two multi-households are located in 32 households and two households among them are sold in lots by means of borrowing PF loans on the said land.

The lending of PF will take place, and there is a person who grants 2-300 million won at the time of only the building permit.

“The phrase “ was false.”

However, the Defendant believed that a PF loan can be granted to the Defendant, but did not actually go through the process of obtaining the PF loan. Even if the construction permit was granted, even if the Defendant did not acquire the said land from the damaged party, there was no intention or ability to acquire a multi-household house by constructing a multi-household house as if the Defendant was promised to do so to the injured party.

Nevertheless, on October 26, 2015, the Defendant was transferred from the injured party the above land registered in the name of his/her father and wife on October 26, 2015 in the name of the J.

Accordingly, the defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the protocol concerning the examination of the suspect against the defendant by the prosecution;

1. Partial statements made by the defendant or D concerning the suspect interrogation protocol (netly 11)

1. Legal statement of the witness D;

1. Partial statement of a witness I;

1. A certificate of all matters to be registered, a letter of payment, a cash storage certificate, or an agreement and a notarized document;

1. The application of Acts and subordinate statutes to the investigation report (10) monthly;

1. The defendant and his defense counsel's argument regarding the pertinent Article of the Criminal Act, Article 347 (1) of the Criminal Act regarding criminal facts, the defendant's choice of imprisonment, and his defense counsel can obtain a loan from the defendant through I at the time.

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