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(영문) 대전지방법원 2016.01.14 2015고단1591
사기
Text

Defendant

A shall be punished by imprisonment with prison labor for ten months, and imprisonment with prison labor for six months.

However, this judgment is delivered against Defendant B.

Reasons

Punishment of the crime

[criminal records] On April 14, 2011, Defendant A was sentenced to eight months of imprisonment for fraud at the Daejeon District Court, and the execution of the sentence was terminated on August 29, 201.

[Criminal facts] Defendant A is the latter part of Victim E, and Defendant B was the representative of G in Gyeonggi Won-si F.

Defendant

A around August 2013, in the auction office of the Korean court in charge of the settlement of disputes in the 592-dong, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, 592, 404, the victim E entered into a contract with the land owner I to create a site for electric power supply and multi-household housing complex, and paid a down payment of 100 million won.

The term "to pay 130 million won for authorization and permission expenses and to pay 900 million won from the remaining profit amount to 3 billion won if the civil works are performed," and the defendant B may pay the victim the land development permission at the above G Public Works Office around August 10, 2013.

It is also possible to secure access roads without being subject to high restrictions.

100% permission may be granted.”

However, Defendant A only prepared the above land sale contract and did not pay down payment of KRW 100 million, and the Defendants knew that the 7,500 of the above land is impossible to engage in development activities due to high restriction.

In collusion, the Defendants received KRW 50 million from the victim to the post office account under the name of the Defendant A (Account Number:J) on August 29, 2013, and acquired KRW 75 million in total by transfer from the victim to the post office account under the name of the Defendant A (Account Number) on September 5, 2013, KRW 20 million on September 27, 2013, KRW 300,000 on September 27, 2013, and KRW 20 million on October 11, 2013.

Summary of Evidence

1. Defendants’ respective legal statements (Defendant B’s partial statement)

1. Each legal statement of witness L, A and E;

1. A protocol of examination of the suspect against the defendant B (including the part concerning the examination of the defendant A);

1. A complaint, a land transaction contract, a service contract, a deposit confirmation certificate, and a certificate of the transfer of Internet banking;

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