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(영문) 창원지방법원 통영지원 2017.04.26 2016고단1932
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

The defendant and the victim B are relatives.

Around May 2009, the Defendant: “Around May 2009, the Defendant got a telephone to the victim and purchased the land jointly by bearing half of the purchase price, and then, if the price increases in the future, sold the land, and divided profits by selling it. Even if the price does not change, one half of the land should be divided.

If 30,000 won per square meter is added to 1,30,000 won per square meter under the pretext of maintenance work expenses for farming roads, N.N. 41,475,00 won shall be exempted.

“The victim made a false statement to the effect that it was “.”

However, the Defendant did not have the ability to bear half of the purchase price of the above land because it is very good financial situation at the time. After purchasing the land, it was planned to use the land as a means of financing such as the purchase price of the land and the payment of the existing personal debt, which the Defendant received the amount exceeding the value of the Defendant’s public land by collateraling the land. Since the above land was intended to be used as a means of financing such as the transfer registration of ownership in the name of D, which is the Defendant’s father, provided the creditors as collateral after completing the registration of ownership transfer in the name of D, it was thought that the said land would be used as a means of financing such as providing the said land to the creditors, even if receiving the purchase price of the land from the injured party, the Defendant did not have any intent or ability to increase

Nevertheless, the Defendant received 1,475,000 won, around June 22, 2009, around 10,000 won, around 24, 2000, around 10,000 won on the 25th of the same month, around 10,000,000 won on the 27th of the same month, and acquired 10,000,000 won on the 28th of the same month from the injured party, respectively.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A copy of the passbook of the National Bank, a certificate of full registration (C), agricultural cooperatives.

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