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(영문) 서울중앙지방법원 2013.09.25 2012고단6160
사기
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

1. On January 31, 2008, the Defendant was sentenced to six months of imprisonment or two years of suspended execution due to a violation of the Punishment of Violences, etc. Act (a collective, deadly weapons, etc.) at the Seoul Central District Court. The judgment became final and conclusive on May 30, 2008.

2. In fact, the Defendant presented to the victim F, who became aware of the introduction around June 2007, the letter of delegation to the effect that “D had delegated the power to sell and purchase land 5 lots of land located in Gyeonggi-gun, E, etc. to the Defendant” on January 31, 2006, without authority, he received money from the victim as the purchase price for part of the above land from the victim and received it for the purpose of paying debts, etc., notwithstanding the fact that the Defendant had not been delegated any authority to sell and sell it.

On July 1, 2007, the Defendant presented a letter of delegation to the victim on July 1, 2007, at an influent restaurant located in the Gyeonggi-gun, the Defendant made a false statement to the effect that “The right to sell and purchase the land located in Gyeonggi-gun, G, H, land located in H, land located in I, and land located in J, shall be sold a total of 1276 square meters, so the Defendant would pay KRW 1430,000,000 as the purchase price, and will make a registration of ownership transfer within 10 days after the payment of the balance.”

On July 1, 2007, the Defendant, by deceiving the victim, received 3 million won as the down payment from the victim on July 1, 2007. On July 6, 2007, the Defendant acquired 140,008 million won as the balance, and acquired 1430,080,000 won in total, by transfer to the Japanese bank account (K) in the name of the Defendant.

Summary of Evidence

1. Legal statement of witness F;

1. The police statement concerning F;

1. Complaint;

1. The power of attorney, each letter, a real estate sales contract, a receipt, a deposit without passbook, a copy of a passbook, a cadastral map, a performance note, a certificate, and a certified copy of register;

1.Each.

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