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(영문) 부산지방법원 동부지원 2018.02.07 2017고단2013
사기
Text

A defendant shall be punished by imprisonment for six months.

However, the execution of the above punishment shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On April 2016, the Defendant, at the home of the Defendant, located in the Seocho-gu Busan Metropolitan City building C, 101, made a telephone to the victim D by telephone.

The purchase price is KRW 250,000,000 per square meter, and the purchase price may be KRW 300,000,000 per square meter, and the profits may be raised if purchased and reselled in half.

Land to be incorporated into an access road in the future has investment value.

“A false representation was made.”

However, in fact, the actual purchase price of the forest land was limited to KRW 170,60,000,000, and there was no money held by the Defendant, and there was no circumstance to postpone the purchase price of his own share, and the Defendant paid down payment and intermediate payment with the victim’s money, and then, the Defendant registered ownership transfer in the future and received a loan with the said forest land as security, and thus, there was no intention or ability to pay the remainder of the payment with the said forest land. Thus, even if receiving money from the injured party, the Defendant did not have the intention or ability to pay the profits

Nevertheless, the Defendant, as such, by deceiving the victim, and by deceiving the victim on April 14, 201, received 25 million won as the down payment from the victim on or around May 10, 2016, 12.5 million won as the intermediate payment on or around May 10, 2016, and 85.3 million won as the remainder payment on or around September 8, 2016, from the Busan bank account in the name of the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Legal statement of the witness D;

1. Application of Acts and subordinate statutes to a copy of a bankbook, real estate transaction contract, certified copy of a register, investigation report (Attachment to a statement of transfer), details of transfer of the damaged amount, investigation report (Attachment to a real estate transaction contract, etc.), real estate transaction contract/purchase receipt, financial transaction details to the Busan Bank account in the name of the suspect, investigation report (seller's telephone conversation), investigation report (Reference Party G telephone) and investigation report;

1. Relevant Article 347 of the Criminal Act concerning the facts constituting an offense and Article 347 (1) of the Criminal Act concerning the selection of punishment;

1. Suspension of execution;

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