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(영문) 수원지방법원 2012.10.10 2010고단2420
사기
Text

A defendant shall be punished by imprisonment for one year.

Reasons

Punishment of the crime

On February 16, 2007, the defendant was sentenced to 6 months of imprisonment and 2 years of suspended execution for the violation of the Road Traffic Act at the Sungnam branch of Suwon District Court on February 16, 2007, and the above judgment became final and conclusive on February 24, 2007.

On January 13, 2006, at D's office located in Seongbuk-gu, Sungnam-si, Sungnam-si, the Defendant made a false statement to the victim E that "There is a sales contract and a receipt for payment of KRW 2 billion for intermediate payment of KRW 500,000,000 which was concluded with H concerning the above land, which was the owner of approximately 5,531 square meters of land in the land F, which was the owner of the land in Yong-si, and the owner of the above land." If the Defendant borrowed KRW 90,000,000, the Defendant used the university admission fee and real estate development business with his wife, and the above borrowed money will be paid with the interest of two copies per year by receiving the PF loans from a bank after one to

However, in fact, the Defendant concluded a sales contract equivalent to KRW 9.4 billion with respect to the above land owned by G Jong-dong Association, and did not pay the intermediate payment of KRW 2.0 billion. The above intermediate payment of KRW 2 billion without permission from the above clans, and the above intermediate payment of KRW 2 billion was made at will without permission from the above clans, and the said down payment was made at the time of the said payment was made with the investment money received from I, and there was no intention or ability to repay the money even if the Defendant borrowed money from the victim because the other part of the intermediate payment and

Accordingly, the Defendant, by deceiving the victim as above, received 90 million won from the victim to receive the remittance of the same day.

Summary of Evidence

1. The statements of E, J and K in the third protocol of trial;

1. Statement made D in the fourth trial records;

1. Partial statement of the protocol concerning the examination of the accused by the prosecution;

1. Part concerning E statement in the police interrogation protocol of the accused;

1. Statement of each police statement of K and E;

1. A complaint;

1. A copy of a receipt, and a copy of each real estate sales contract;

1. A list of transactions by account;

1. Previous convictions in judgment: Criminal records, inquiry, and statements to the court;

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