(영문) 대전지방법원 2020.06.12 2019고단3721

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(영문) 대전지방법원 2020.06.12 2019고단3721

사기

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A defendant shall be punished by imprisonment for six months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

Around May 2017, the Defendant: (a) made a false statement to the victim C, stating that “The ownership of the above forest will be transferred to the company (State) located within the territory of the Republic of Korea” (hereinafter “the instant forest”); (b) upon the completion of the transfer, the Defendant would sell the said forest and land in installments and make profits therefrom. Such profits would suffice for six months; (c) if 60,000 won is leased, the Defendant would return KRW 20,000,000 to KRW 80,000,000,0000,000 won plus 20,000,000 won within six months. Even if 87,000,000 won is not granted, the Defendant made a sales contract for the said forest and forest and forest and

However, in fact, the total purchase amount of the above forest land reaches KRW 1.488 billion. The Defendant paid KRW 50 million, which is a part of the sales contract amount on May 13, 2017, and provided the remainder of the down payment with a loan from a third party around May 23, 2017, and there was no intention or ability to repay the money borrowed from the victim on time due to difficulties in financial standing of the Defendant.

As such, the Defendant, by deceiving the victim and deceiving the victim on June 7, 2017, transferred the sum of KRW 60 million and KRW 50 million on June 9, 2017 to a bank account under the name of the Defendant.

Summary of Evidence

1. Partial statement of the defendant;

1. C’s legal statement;

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

1. The statement of each part of the protocol concerning the examination of suspect to the accused (including any part of the protocol concerning the C);

1. Statement of the police statement regarding C;

1. The defendant's assertion and judgment on investigation reports (written E statements of reference), investigation reports (Submission of transcripts), accusation reports, contents of the Kakakao Stockholm messages, telephone recording records, monetary sales contracts, land cadastral sites, investigation reports (three telephone conversationss, including E of references);

1. The alleged defendant is a development project for forest land of this case.

유사 판례

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