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(영문) 서울중앙지방법원 2014.11.13 2014고단2910
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On August 6, 1992, the defendant was sentenced to seven years in Seoul High Court to imprisonment for a violation of the Act on the Aggravated Punishment, etc. of Specific Economic Crimes (Fraud), and completed the execution of the sentence in the public prison on October 28, 1998.

On March 24, 200, the Defendant, along with B, intended to purchase 6,545 square meters of forest land located in Yangyang-gun, Yangyang-gun, Yangyang-do at the DM law office located in Jongno-gu Seoul, Jongno-gu, Seoul, to the effect that the Defendant would repay the money borrowed by disposing of the said forest land within one month.

However, in fact, the Defendant did not have any property owned by the Defendant at the time, and the said forestry map was established in the future, and the said DP applied for a compulsory auction on April 6, 200 with respect to the said forest land, and applied for a voluntary auction on October 13, 200, and eventually, on April 3, 2001, the Defendant was awarded a successful bid with a third party on April 3, 200, and was unable to repay money from the victim until May 2014, and there was no intention or ability to repay the money within one month.

In collusion with B, etc., the Defendant was informed of the victim and received 17,000,000 won from the victim on the pretext of the loan.

Summary of Evidence

1. Partial statement of the defendant;

1. Legal statement of the witness DP;

1. Some of the statements made by the prosecution against the accused in the examination protocol of suspect;

1. Statement made by the police with respect to DNA;

1. A notarial deed or a land closed copy;

1. Prior to the ruling: at the time of criminal records and investigation reports (attached report to the accommodation status), the Defendant appears to have not existed any other property than the instant land, which was trusted to D Q, and the Defendant was responsible for the guaranteed debt against DP, and the mortgage amount of KRW 2 million with respect to the instant land was set up in the DP future, and the instant land was actually distributed to DP only KRW 16,40,000,000 and was distributed to DP upon application for compulsory execution.

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