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(영문) 대전지방법원 서산지원 2014.03.14 2012고단688
사기
Text

A defendant shall be punished by imprisonment for not less than one year and six months.

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

Reasons

Punishment of the crime

Around June 2, 2008, the Defendant made a false statement to the effect that “The Defendant would sell KRW 13,899 square meters of F forest in Chungcheongnam-gun, Chungcheongnam-do to KRW 840,000,000,000,000,000,000,000” to the victim E in a certified judicial scrivener office located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do. This present forest is jointly owned by the Defendant, G, and H, and was delegated by the said G and H with

However, the Defendant did not obtain any delegation or permission from the above G and H to sell the forest land to the above victim, and even if he received the purchase price from the victim, he did not have any intent or ability to transfer the ownership of the forest land.

Nevertheless, the Defendant received from the victim the said false statement KRW 80 million as the down payment immediately as the down payment, KRW 10 million as the part payment on June 3, 2008, KRW 240 million as the part payment around July 30, 2008, KRW 15 million as the part payment on September 16, 2009, KRW 50 million as the part payment on September 24, 2009, KRW 35 million as the part payment on October 28, 2010, KRW 10 million as the part payment, and KRW 4985 million as the part payment on December 3, 2010, and acquired it.

Summary of Evidence

1. Legal statement of a witness I;

1. Protocol of the examination of witnesses G and H;

1. A protocol of examination of partial prosecutor of the accused;

1. Statement to J police officers;

1. Application of Acts and subordinate statutes to a real estate sales contract, a certified copy of the register, a performance note, each receipt, each certificate of confirmation, and each letter;

1. Article 347 (1) of the Criminal Act applicable to the crime;

1. Article 62 (1) of the Criminal Act (The following extenuating circumstances among the reasons for sentencing);

1. The reason for sentencing under Article 62-2 of the Criminal Act and Article 59 of the Act on Probation, etc., the defendant, without obtaining the right to trade from the co-owners of the real estate of this case, by deceiving the victim to enter into a sales contract of the real estate of this case and acquired the down payment and intermediate payment. In light of the amount of damage, the defendant's liability is not less

(b).

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