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(영문) 수원지방법원 여주지원 2017.06.07 2016고정164
사기등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

The defendant did not have any intention or ability to repay the money even after borrowing the money from the actual victim.

Nevertheless, the Defendant, around November 5, 2012, paid off the victim D (Woo, 73 years of age) to the victim D (Woo) in Tong-si, Dong-si, Dong-si, 201, where “The Defendant is urgently required to pay the part payments of apartment, and where 5 million won is leased, he/she shall have to pay it within 10 days.

“A woman was issued KRW 5 million to his post office account.”

As such, the Defendant was given property by deceiving the victim.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness D;

1. Application of Acts and subordinate statutes of financial transaction specifications;

1. Article 347 (1) of the Criminal Act applicable to the relevant criminal facts and Article 347 of the choice of punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

1. The parts of a crime under Article 186 (1) of the Criminal Procedure Act, which costs of lawsuit;

1. Summary of this part of the facts charged

A. From October 2012 to March 2013, the Defendant created a false real estate sale contract, stating that he/she would pay the balance by paying the proceeds of the purchase and sale of real estate at the same time as the security loan at the time of the registration, with the payment of KRW 125 million, the down payment of KRW 30,500,000,000,000,000,000,000,000,000,000,000,000,000, in a place where the place cannot be known from around 1, 2012 to around 200, the Defendant forged one copy of the real estate sale contract, which is a private document on the duty of rights by entering the “F, G,” the “AH” in the buyer column, and the “I and J” column.

B. On December 29, 2014, the Defendant, at the time of the instant investigation document, submitted a real estate transaction contract prepared as above to the economic team of the Dong-gu Police Station that knew of the forgery as if the contract was duly completed.

2. However, as recognized by the evidence duly adopted and examined by this court, there is no seller F and I resident registration number stated in the above real estate sale contract, and there is no seller F and I.

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