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(영문) 전주지방법원 정읍지원 2015.11.24 2015고단130
사기등
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

"2015 Highest 130"

1. Around October 2012, at a place where it is impossible to know the place not exceeding the Jin Chang-gun, North Korea, the Defendant made a false statement to the effect that “The Defendant would benefit from the sale after purchasing the land located in Da, E, or F and changing the form and quality so that he/she can carry out the mass d, E, or aggregate business, etc.” The Defendant purchased the said land and transferred the registration of transfer under his/her name and then sold the land to the effect that “The Defendant would divide profits from the sale of the said land if the value of the land is damaged after purchasing the said land.”

However, the defendant did not have any intention or ability to change the form and quality after calculating the above land in the name of the victim.

around November 16, 2012, the Defendant received KRW 15 million from the victim’s bank account in the name of the victim (Account Number G) used by the Defendant with permission from the victim at the time, and KRW 45 million from the agricultural bank account in the name of the Defendant around February 8, 2013, respectively.

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

The defendant denies the above fraud, but according to the evidence duly adopted and examined below, in particular, the record recording recording the legal statement of the witness C and the conversation between the defendant and the victim (the document of investigation records 196) can be sufficiently recognized that the act of deception against the victim, such as the statement of the criminal facts, can be sufficiently recognized, and contrary to the witness I's legal statement and the statement of the police statement of the witness I, it is difficult to believe that the above evidence and the statement of the witness I are in the relation between the defendant and the victim.

2. On August 15, 2014, the Defendant violated the Act on Promotion, etc. of Information and Communications Network Utilization and Information Protection, etc.: (a) received demands from the victim C (the son, 49 years of age) to repay the money acquired through deception at the Defendant’s residence located in the Go Chang-gun, Gowon-gun, 105 dong 505 dong 505; and (b) received demands from the victim C (the 59 years of age) on several occasions, the Defendant

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